Here is my questions: Can I use Taking Claims as a result of the property I purchased as buildable property, and given to wetlands by the Town Conservation Committee?
2 Answers from Attorneys
Whether the land is "wetlands" or not is a question of fact and not the determination of the Conservation Commission for your Massachusetts municipality. If you think the land is not wetlands, you can challenge the maps and ask for a MADEP review. http://www.mass.gov/eea/agencies/massdep/water/regulations/wetlands-program-policy-95-1.html
If your seller or real estate agent warranted that the land was "buildable" then you may have an action against him/her/them for breach of warranty or fraud.
Is the lot totally non-buildable, or just largely limited?
This isn't an issue that you should be trying to resolve on this website. Maybe you want to call me, maybe you want to call Mr. Weicker. But you need to hire an attorney to examine this issue. There are too many complicated facts that you should discuss only with the benefits of attorney client privilege. If you go characterizing the facts on this website, that might hurt you later - even if you have no idea what you are talking about. Towns have a lot of resources, and can be really intransigent if the wrong person is in charge.
Law Offices of Jonas Jacobson
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