Algonquin Gas Settlement
Algonquin Gas Transmission, LLC (Algonquin) maintains gas pipeline infrastructure on property bordering the City of Cambridge’s (City) watershed protection land located in the Town of Lincoln (Town). Algonquin notified the City’s Water Department about its intent to do a temporary eminent domain taking on the City’s watershed property for a temporary workspace and for access to its property allegedly required to complete a planned gas pipeline infrastructure maintenance project (Project). On April 25, 2024, Algonquin transmitted to the City an offer of payment in exchange for the rights to the temporary workspace and rights of access for the Project and as reimbursement for trees it planned to cut down. Algonquin has the right, under federal law, to make such takings of land and trees – including from municipalities and states, in order to maintain its existing petroleum products pipeline infrastructure. However, it must pay just compensation for any such takings.
Under the Project scope, as formally presented to the City, Algonquin offered $10,000 for the temporary taking and for the cutting and removal of over fifty mature trees and other vegetation on the land. The City rejected the offer and Algonquin initiated litigation in federal court. The Town was brought into the litigation since it holds a conservation restriction on the subject land. The City’s Law Department appeared in the litigation on behalf of the City and opposed Algonquin’s motion for immediate condemnation and emergency access to the property. The Law Department and the Water Department, along with the Town, also initiated negotiations with Algonquin to reach a favorable settlement that would recognize Algonquin’s legal right to obtain temporary access to the City’s property, but also ensure that the City’s and Town’s interests were protected.
On June 13, 2024, Algonquin, the City, and the Town filed an agreement for judgment wherein Algonquin agreed to reduce by over half the number of trees it will remove and to fully restore/remediate the City’s land as just compensation. On June 14, 2024, the U.S. District Court for the District of Massachusetts (Burroughs, J.) entered an order approving the agreement and resolving the litigation. The resolution of the litigation commits Algonquin, under City and Town supervision, to fully restore/remediate the City’s land, including the planting of trees, shrubs, ground cover, and to maintain upkeep for those plantings for three years following completion of the Project. If Algonquin fails to honor its obligations, then the City and Town can seek enforcement relief from the District Court. For further information regarding this matter please click on the link below to see Algonquin’s attached memorandum in support of its motion for preliminary injunction, the City’s opposition, and the agreement for judgment.
https://www.cambridgema.gov/-/media/Files/lawdepartment/AlgonquinGasFiles.pdf