E D I T O R I A L
Bullies in Denial
With so many deplorable fallacies concerning the town's pursuit to take .14 of an acre from the Shaw family, it is difficult to determine and extract the supposed truths and incentives that the town has apparently armed itself with to bully the Shaws from their home. (see story page 3)

There is but one fact that the town clings to in its removal mission - that the airport made the taking by eminent domain by Special Town Meeting vote on May 5, 1941.

Today it feels an obligation, of sorts, to fulfill that supposed taking. For over 60 years, they never took it, never considered taking it and had no knowledge that they should have taken it. Whose fault is that? Certainly not the Shaw's and certainly not the townspeople who, if the town succeeds, will for generations need to contend with a near irreversible precedent - one that will leave law-abiding island homeowners wary of what is rightfully theirs.

In response to a letter he received in October 2005 from the town informing him of its intent to honor a 1941 eminent domain taking, Eric Shaw, in June 2006, was forced by legal process to file a complaint against the town in Nantucket Superior Court. Shaw's complaint lists several allegations, to many of which the town responds: "The Town lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore denies those allegations."

Though apparently armed with all the firepower it needed to boot the Shaws off their property, the town's robotic "lack of knowledge and information" answer to over 30 simple facts seems arrogant. Though perhaps not such an unusual legal response, it is nevertheless indicative of the town's callous disregard for, and reckless treatment of, these parents and their three young children.

The town denies that Eric Shaw resides at the property. It denies that it assessed and received real estate tax payments. It denies construction of the home on the property. It denies that when Shaw purchased the property in 2003 that the Order of Taking was not recorded in the chain of title of the property, when records clearly indicate that it was not recorded. It denies that when Shaw purchased the property that he had no evidence whatsoever that the town claimed any interest in the property. It denies that Shaw, his wife and children now reside yearround in the home on the property. It denies that the Shaw has a mortgage on the property.

Seems to us as if the town is in denial.

It is unfathomable that our local government continues to bully forward, waving its rifle of eminent domain to get, not what is best for the town and its people, but for themselves and, perhaps, for the airport manager himself.

Eminent domain is "the inherent power of the state to seize a citizen's private property, expropriate private property, or rights in private property, without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to 'public uses.'"

According to the airport, the only "public use" that was offhandedly mentioned for this property is a home for the airport manager.

Why has the town aggressively pursued this small, relatively isolated piece of land - .14 of an acre - that does not fit into any future expansion plans? Does the value of the property, or the value of the 'principal' behind the taking of it, outweigh the fact that this is somebody's home? Consider your own situation, and ask yourself: Is this fair?

If the town cannot relinquish the property because of its overarching fiduciary responsibility to the town, then it should ask Town Meeting to fix the error by releasing the property to its rightful owners - the Shaws.

Instead, the Shaws will come to Town Meeting asking merely for a chance to work it out with the airport commission. And though it does not go far enough in helping the Shaws to embrace what is rightfully theirs, the very least you can do is tell the town to stop wasting taxpayers

dollars and to vote YES on Article 71. I