Installation Restoration Program
Fact Sheet # 98-9 April 1996
revised October 1996
revised December 1996
revised May 1998

Real Estate Issues Explained
A fact sheet providing information on the Base Cleanup Program at the Massachusetts Military Reservation (MMR)

Use of Private Property

As the environmental cleanup program at the MMR proceeds with its work to contain and cleanup the groundwater plumes originating from the base, its technical teams must determine the best locations for these cleanup systems to be put into operation. Some parts of these containment systems will be installed on the MMR and some will have to be located off base. In some cases, certain cleanup technologies must first be tested and evaluated in order to achieve the best possible solutions for Upper Cape locations. Decisions on these projects are made in full consultation with regulatory agencies and citizen groups representing the neighboring communities.

It is the goal of the Air Force to first try to find government property, then public property. But some of these containment system installations will have to take place on private property. Property owners potentially affected by a need to gain access to privately held land will be contacted by a representative of the US Army Corps of Engineers (USACE) Real Estate Division by telephone and letter. If a USACE representative contacts a property owner, it is because access to that owner’s property is considered essential for installation of a plume containment system. Once contacted, a meeting will be set up at a mutually convenient time.

Prior to the meeting, the property owner should determine the relative value of his or her property and consider any tax ramifications and other issues that may arise from government use of the property. A fair market appraisal will be performed by USACE’s Real Estate Division following established methods to determine the amount of compensation appropriate for the required use of the property, or portion thereof. The government may offer to lease the property or use an easement, depending upon the required use.

If a property owner feels the government’s offer is not enough, he or she can have an appraisal or other legitimate determination of value developed for consideration by the USACE Real Estate Division representative.

Property Values

While many factors influence property values, we hope that any concerns near the MMR can be addressed by:

  • Cleanup of the contamination
  • Effective communication on potential risk
  • The Commonwealth’s Good Neighbor Policy
  • The US Environmental Protection Agency (EPA)’s Community Relief Policy

Cleanup. The actual or perceived risk associated with the groundwater contamination may cause negative impacts on real estate values. Therefore cleaning up the contamination emanating from the MMR may positively influence nearby property values. Treatment technologies for LF-1 being considered include extraction, treatment, reinjection (ETR) and monitored natural attenuation (MNA). Other treatment technologies may be employed, as necessary, and as innovative techniques become standardized methods of treatment.

Risk Communication. Effective risk communication is essential to the transfer of property over the plumes. All those involved in the transfer of property need to understand how they can and cannot be exposed to the plumes. If a house is situated over a plume that is 90 feet below the ground surface and no wells bring the groundwater from that depth to the surface, the potential for exposure is essentially non-existent. Department of Health officials can assist in evaluating and communicating potential exposure and risk.

Good Neighbor Policy. In response to concerns about the potential effects of groundwater contamination on property values, both the Massachusetts Department of Environmental Protection (DEP) and the US Environmental Protection Agency (EPA) have issued policies to protect owners from being held responsible. The Good Neighbor Policy states that the Commonwealth of Massachusetts does not hold the owners of property over the MMR groundwater plumes responsible for that contamination. Copies of the policy may be obtained from the DEP.

Community Relief Policy. Similarly, EPA’s Community Relief Policy states that the US government will not hold property owners responsible for contamination caused by MMR. Upon request from an individual property owner, EPA will send a letter acknowledging that the policy applies to a specific property.

If anyone is interested in filing a claim for property devaluation, they should consult an attorney about complying with the Federal Tort Claims Act. Contact the legal office at Hanscom Air Force Base and request Form 95.

Common Real Estate Terms

Abutting: Neighboring land with a common boundary
Adjacent: Nearby or abutting
Adjoining: Touching or contiguous
Appraisal: An estimate of value based on recent sales in the vicinity of the property being appraised
Appurtenance:a right of way through adjoining property to access a beach A right, privilege or improvement belonging to a property, such as
Bundle of rights: All rights that go with ownership of a property
Clear title: Title free of any claims such as a mortgage or tax lien
Condemnation: The taking of private property by law of eminent domain
Consideration: Something of value exchanged between parties to a contract, such as money, goods, or services
Deed: A written document for the purpose of conveying title (ownership) to real property
Diminution: A process to decrease in value
Eminent domain: The government taking of a private property for public use
Estate: The nature and extent of an owner’s right with respect to his or her property and in its use
Easement: A right given a person or organization to make limited use of another’s property
Fee simple: Property in which the owner or inheritor has unqualified ownership and power of disposition
Lease: A contract giving use of real estate in exchange for rent or other consideration for a period of time. Usually, but not always, giving exclusive possession of property to the renter.
Leasehold: The interest that the renter has in a leased property
License: Permission to do particular actions on property owned by another, without possessing any estate or interest. License may be revoked by owner.
Negligent: To be at fault.
Permit: Formal, written permission for temporary use of property; also known as right of entry
Right of entry: See permit
Right of way: The right to pass across, over, through, or beneath property owned by another person
Sovereign immunity: A right to agree to any tort claims.
Sum Certain: The actual amount of value.
Waive: To allow something to be done. To permit an action.

The Site Mailing List is maintained by the Installation Restoration Program. Mailings include environmental updates, fact sheets, and notices of upcoming meetings. If you would like to add your name to the Installation Restoration Program’s Site Mailing List, please fill out the form below. If you are already on the list and need to change your address, or would like your name removed from the list, please respond accordingly.

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Please clip this sheet and mail it to: Site Mailing List, HQ AFCEE/MMR, 322 E. Inner Road, Otis ANG Base, MA 02542-5028