MDOT abandons Sherman Marsh eminent domain taking
The Maine Department of Transportation has abandoned any plans to take easements from residents of Sherman Marsh by eminent domain, according to a letter sent to the town by Commissioner David Bernhardt.
Bernhardt said that after the meeting on Dec. 12, 2016 with Newcastle residents, he decided to forego the acquisition of the conservation easements by eminent domain. “Each abutting property owner will receive a letter from the Department notifying them that we will not be moving forward with the acquisition,” the letter read.
Bernhardt went on to say that he understood that eminent domain was something that should be used sparingly and never taken for granted, and that he looked forward to working with the town of Newcastle to meet its transportation needs in the future.
Town Administrator Jon Duke expressed his satisfaction with the result. “It’s a great day in Newcastle,” he said.
“I can’t believe it! It’s mind-boggling! I’m so grateful and so happy!” Sherman Marsh resident Marva Nesbit said upon hearing the news. “I think there were so many factors that went into this, all of them wonderful. The press coverage ... we couldn’t ask for more. We had a united front, there were clear intents to sue, and we had help from the legislative delegation and town officials. We have a wonderful town staff, and they did their part too. I am so very grateful to you and to everyone. Newcastle is a wonderful town!”
MDOT had planned to take the easements to replace marshland currently being lost along an extension of I-395 near Brewer. It is not yet known now how the wetland mitigation will occur for that project.
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