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May 9th 2008

‘Snatch ‘n’ Grab’ Approach to Land is Discredit to Kingston

By Dan Sapir and Dennis Randall

(March 20, 2003) The selectmen have a strange philosophy when it comes to land. Possession becomes more important then people or process. There is an emerging land-grab mindset that can be seen when you examine a trio of attempted land "acquisitions."

The most notorious of these is the land under the charred remains of the Davis barn on Pottle Street. The case is currently before the Plymouth Courts. We are troubled by the attitude articulated by the selectmen’s’ attorney when he dismissed the Davis claim by saying in effect, ‘we don’t care about the merits, the law says we can take it and we will’. Never mind the fact that the property has been in continuous use by the Davis family for over a quarter century. While perhaps technically legal, the actions are ruthless, unmerciful and alien to the qualities that are purported to represent a sense of community.

The drive to dominate and acquire continues on down the same road. A real estate business and a private club became the next targets. This time the grab was in the guise of easement takings by eminent domain. Owners are now being placed in the position of losing control of valuable frontage, which includes expansion areas and parking. The selectmen say they will be "improving" Pottle Street. Stripping land owners of their rights hardly meets the threshold of "improvements". The callous attitude toward property rights is in the same mean spirit of the town’s Davis dealings.

Meanwhile, across town, the selectmen’s steamroller approach to good citizenship continues. This time the target is a church that pre-dated the founding of Kingston. During its 300 year history, property of the First Parish Church was, at one time, co-mingled with that of the town. The operating assumption for centuries has been that the church owns the land, Kingston owns the town hall. A friendly resolve was all but cut short several weeks ago when the selectmen abruptly announced that they had filed suit against the church in Land Court.

Leadership requires the wisdom and compassion to work within the sensibilities of the community. Every property owner is at risk when town leaders ignore community sentiment. What we need is a good old application of the Golden Rule. There is some talk that a settlement of the church question could be in the offing. As the Observer went to press, an evening meeting between church officials and two selectmen representatives took place. A resolution may be close at hand. If so, it’s a good beginning. Such mutual settlements are certainly more preferable then the financial and emotional costs involved with bitter litigation.

Leadership of the First Parish Church have scheduled a parish meeting for Sunday, March 30 to vote to accept or reject an offer on the table from the town to resolve the ownership dispute. More details will be posted online as they become available.

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