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    Coventry mulls taking control of Johnson’s Pond by eminent domain

    By Sarah Doiron,

    14 days ago

    https://img.particlenews.com/image.php?url=2TByPl_0smDpXum00

    COVENTRY, R.I. (WPRI) — The town of Coventry is considering taking control of Johnson’s Pond through eminent domain, which could put to bed a years-long dispute with the owners of its dam and waterflow rights.

    The Coventry Town Council voted Thursday night to approve a resolution that would make plain their “intentions and commitment to acquire, maintain and redevelop [Johnson’s Pond], its dam, dam structures and land to protect the environment, ensure public safety and provide recreational access to the public.”

    RELATED: New bill would protect recreational use of Johnson’s Pond

    Soscia Holdings, which bought the pond’s dam and waterflow rights back in 2020, warned the R.I. Department of Environmental Management (DEM) a month ago that the spillway had sprung several leaks and was in need of emergency repairs.

    The DEM ordered Soscia Holdings to cease and desist altering the dam spillway after the town spotted an excavator stacking boulders in an attempt to fortify it, but later directed them to shore it up with sandbags and temporarily lower the water levels to prevent it from failing.

    Soscia Holdings has repeatedly blamed the town for the dam’s deterioration by claiming it wasn’t properly maintained. The dam’s maintenance was previously dictated by a now-expired lease between the town and Soscia Holdings.

    But the town blames Soscia Holdings for the dam’s condition, arguing that the stacking of the boulders made it unsafe and caused unnecessary damage.

    The pond’s water levels have been a point of contention between Soscia Holdings, the town and the residents who live there.

    MORE: DEM instructs Johnson’s Pond owners to lower water levels, fortify leaking dam

    Soscia Holdings filed a lawsuit two years ago against the DEM over a state law requiring dam owners to get a permit before raising or lowering a pond’s water levels. The law, signed by Gov. Dan McKee in July 2022 , was first introduced after residents expressed concerns over the pond’s low water levels and how it was impacting wildlife .

    The lawsuit was dismissed in March after a federal judge determined that Soscia Holdings couldn’t prove the law was “unreasonable or unnecessary.”

    Soscia Holdings purchased the dam and waterflow rights for $1.7 million, but have since claimed those may now be worth upwards of $100 million.

    The town can either acquire the pond’s dam and waterflow rights through eminent domain, by purchase or condemnation. If the town were to pursue eminent domain, a judge would determine the pond’s overall value.

    Right now, the town is offering Soscia Holdings $1.5 million to buy the pond outright. Soscia Holdings will have the opportunity to counteroffer, but the town made it clear that it will only consider one that’s reasonable.

    12 News has reached out to Soscia Holdings for comment and is waiting to hear back.

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