John R. Maciolek, Esq.
Eminent Domain Attorney
Marr Oil Heat Company Inc. v. Worcester Redevelopment Authority
The Worcester Redevelopment Authority acquired property by eminent domain from Marr Oil. The property had been used for the distribution of home heating oil.
The Redevelopment Authority claimed that the oil tanks on the property were part of the real estate and that the real estate had no value because of the oil contamination.
The property owner claimed that the oil tanks were personal property and entitled to relocation benefits and that the overall property had a value in excess of $500,000.00. The issue of the oil tanks was adjudicated at a hearing with the Commonwealths Department of Housing and Community Development office.
The Court ultimately determined that the oil tanks were personal property and the Redevelopment Authority eventually made a payment of over $1,000,000.00 for the relocation of the oil tanks. The fair value of the real property was resolved for a payment of $300,000.00.
Verdict returned: August 1994