Northeastern Loses Eminent Domain Fight

Northeastern University’s plan to expand its Marine Science Center hit a significant roadblock last week after a court ruled in favor of the town of Nahant, Mass., in a long-running legal battle.

The private university has been locked in conflict with the small town of Nahant for eight years over plans to extend its footprint on a parcel of coastal land that local officials said needed to be preserved as open space. Town officials objected to Northeastern’s plan to build a 55,000-square-foot facility first proposed in 2018. In 2021, voters approved the use of eminent domain to seize portions of Northeastern’s land for conservation purposes. Altogether, Nahant plans to seize 12 of the 21 acres.

Northeastern challenged the move and initially won in a lower court in 2024. At the time, the university argued Nahant was using eminent domain in bad faith to block the development. Northeastern won a second time in an appeals court later that year.

But last week, the state Supreme Judicial Court disagreed with the prior court rulings.

Justice Elizabeth Dewar wrote in a 43-page opinion that it is ultimately “for a town to decide if and when to take property for proper conservation and open space purposes.” Justices also noted that the town had tried to preserve the land as a park and recreational area as early as the 1960s, when the federal government decommissioned a military installation there, but residents balked at potential costs and town officials decided against buying the property.

The ruling will now allow Nahant to move forward with efforts to seize the land via eminent domain, a process that will require the town to compensate Northeastern for the property and could involve additional litigation if the two sides cannot reach an agreement on the amount.

Renata Nyul, the university’s vice president for communications, expressed disappointment in the outcome and left the door open for possible collaboration with Nahant, despite the court ruling.

“Given the evidence of improper motive behind this potential taking, we are deeply disappointed by the SJC’s decision,” Nyul wrote in an emailed statement to Inside Higher Ed. “Moreover, the decision could have a devastating impact on the ability of Northeastern’s Marine Science Center to conduct cutting-edge research that would benefit Nahant and other coastal communities around the world. We hope today’s judgment will prompt town officials to pursue a collaborative path forward before Nahant taxpayers bear the steep cost of eminent domain.”

Town Administrator Alison Nieto wrote that Nahant officials look forward to moving ahead with the process.

“The Town of Nahant is pleased that the Supreme Judicial Court reversed the previous judgment and ruled that the Town has the right to take the property to preserve open space, recreation, and conservation uses, as voted on by Town Meeting in 2021,” she wrote in an emailed statement to Inside Higher Ed.

The clash between Nahant and Northeastern comes as town-gown drama has generated national headlines; universities have clashed with localities over development plans, data centers and other issues. In February, Radnor Township in Pennsylvania threatened to take 17 acres owned by Valley Forge Military College by eminent domain before backing off that plan a month later.

Meanwhile, the University of Michigan is locked in a bitter battle with nearby Ypsilanti Township over plans to build a $1.2 billion center for research on energy and national security. Plans to build the controversial computing center appear to be moving forward despite stiff opposition from residents.

Fisk University is also facing pushback from locals over plans to build a $400 million data center on the edge of its Nashville, Tenn., campus amid mounting national opposition to such projects.