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Attorney tells Nottingham board he has filed inverse-condemnation claims over discontinued Giles Road
Summary
An attorney representing a long-term landowner told the select board the town's discontinuation of Giles Road eliminated access to about 110 acres, said he has filed in the First Circuit and with the FBI, and asked the board to consider purchasing the parcel as town forest or risk litigation.
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An attorney representing a long-time landowner told the Nottingham Select Board Feb. 2 that the town's discontinuation of Old Giles Road removed access to roughly 110 acres and that he has pursued federal appeals and a criminal complaint related to the matter.
"My name is John Baldy. I'm as counsel," the attorney told the board, then outlined a claim he described as inverse condemnation — a regulatory taking that he said has deprived his client of use and access. He said his client has owned the parcel for decades and offered it to the town as a potential town forest but asked the board to consider a purchase price of $400,000.
Baldy said he has filed papers in the U.S. First Circuit Court of Appeals and that he was advised to file a criminal complaint with the FBI; he also cited federal statutory interest and suggested damages could be substantial if the court found in the owner's favor. He urged the board to share the materials with town counsel and to have the conservation commission consider the parcel as a possible acquisition.
Board members said they would forward the documents to the town attorney for review and asked staff to involve the conservation commission and legal counsel in assessing funding options and the town's legal exposure. The board did not commit to a purchase; staff noted the conservation-commission process and any purchase would be a multi-step effort likely taking about a year.
Next steps: Staff will accept the attorney's materials for review, route them to legal counsel, and the conservation commission may review the parcel and potential funding pathways. No formal vote or purchase commitment was taken at the meeting.

