On Wednesday, as Mayor Thomas Menino and Governor Paul Cellucci were scheduled to appear at the groundbreaking ceremony for the convention center, problems regarding the project were beginning to emerge. The groundbreaking is late -- it was supposed to take place earlier this spring -- and even now, not all of the property is vacated. The Boston Water & Sewer Commission is still using its 425 Summer Street headquarters and may not move until at least the end of the year. This is a key parcel, a gateway of sorts to the project. In the meantime, Neal Tully, an attorney for six property owners with land on the site of the planned facility, says the city has failed to offer a fair price for these properties.

The only reason work on the convention-center site appears to be on time and on budget is that 15 to 20 percent of the land needed to build the center was public to begin with. That property went to the convention center for one dollar. "If you include the public property, that can tend to boost the percentage of those who are satisfied," says Tully, who is the name partner at the city's leading eminent-domain firm, Masterman, Culbert & Tully.

Although seven landowners have settled, 10 have not, he says. "If you look at the 10 that have not settled, they probably represent in land area 60 percent of the property in private ownership." Tully represents developer Frank McCourt, who has already filed suit, plus five other landowners; he says he expects to file several more suits shortly.

For those who are considering litigation, the reasoning is simple: the city has not paid enough. "The owners are dissatisfied with the valuations," he says. "They feel they are too low and that the fair market values of their respective properties are considerably higher than what they've been paid by the Boston Redevelopment Authority."

The city made preliminary payments to landowners roughly one year ago, and sporadic negotiations have taken place throughout the year. Tully estimates that legal proceedings will take a year and a half to three years. Three years of expert witnesses, legal haggling, and lawyers' fees could add plenty to the price tag.