Word: mta
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Dates: during 1960-1969
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...Daniel J. Hayes called on the City Manager to institute procedings under the Urban Renewal Act to acquire the Yards "for maximum development for tax purposes." Hayes intended Cambridge to declare the Yards an "Open Blighted Area," to pay the fair market value and to take them from the MTA by the power of eminent domain...
Hayes was entirely willing, under this arrangement, to give a small portion (three out of 12 acres) of the land to the University, but he expressed a fear that if Harvard bought the property directly from the MTA, University officials "might grab all the land for educational purposes...
University officials, of course, immediately checked with legal experts and relaxed, for they discovered that Hayes' proposal neglected the fact that Cambridge has no clear authority to take the Yards from the MTA by eminent domain. Massachusetts cities derive the power of eminent domain from the commonwealth; as a State agency, the MTA derives every one of its powers from the same source. Since the Transit Authority could lose $1 million if Cambridge takes the Yards, and the City fears losing a large share of its "most valuable underdeveloped property" if Harvard buys directly from the MTA, the City...
University officials immediately (and delightedly) pointed out that if Cambridge is to imitate Boston's action on the Prudential Center, it must first allow Harvard to buy the MTA yards and then grant tax concessions on any commercial structures the University builds...
That action disposed of Councillor Hayes temporarily, but new trouble may confront the University in the State Legislature. Apparently encouraged by City Councillors who realize the weak legality of Cambridge's present position, Representative Lawrence F. Feloney has introduced a bill requiring that "the MTA trustees for business affairs to the city or town where the property is located." If it wants the land, the city will be required to determine and pay fair market value. Legal experts have indicated, however, that Feloney's bill may be unconstitutional because it would put cities in the real estate business...