Posted on 10/28/2005 8:41:41 PM PDT by Calpernia
The city plans to use its power of eminent domain to seize a neighborhood bar and turn the land over to a Roman Catholic high school, which wants the land to expand its football field.
That has civil liberties proponents worried.
``This is one of the most egregious cases of eminent domain in the country,'' Steve Anderson of the Institute for Justice in Washington told The Star-ledger of Newark for Friday's editions.
The city is seeking to condemn The Golden Cicada tavern and give the land to St. Peter's Prep, which wants to expand its athletic field. The matter is due to be heard in court next week.
The school built a new field last year next to the Golden Cicada, but its president, the Rev. James Keenan, said it is 7 yards smaller than required by sports regulations, and needs to be lengthened in order for the school's team to play its home games there.
``We offered to buy the garages behind his business, which would give us enough room,'' Keenan told the newspaper. ``That would not affect his business, but he refused.''
Cheng Tan, the bar's owner, said the land grab is unjust.
``When the government starts ignoring property rights, we all have a serious problem,'' he said.
The U.S. Supreme Court earlier this year upheld the use of eminent domain _ a municipality's right to legally seize land and property and pay fair compensation _ to further private economic development. The power has long been used by governments without much controversy to make way for public purposes like highways, schools or government buildings.
Ed Barocas, legal director for the American Civil Liberties Union of New Jersey, also objected to the move.
``It's inappropriate for government to take land from one person and give it to another for their personal use,'' he said. ``It's even more inappropriate to take it to benefit a particular religion.''
John Curley, a lawyer for the city, said Jersey City's redevelopment agency has deposited $550,000 in an account for Tan, who he said would also be eligible for relocation costs and could sell his liquor license for about $150,000.
But Tan said his land is worth far more than that because it is in a desirable neighborhood. He said he could easily develop his property, which is in a section where high-priced condominiums are rapidly being built.
In principle, I must oppose this Eminent Domain action, but if you can't read between the lines at what the real motivation is:
Tam opened up his bar next door to a school, which had been there since 1872. He offers "lunchtime drink specials," aimed at the construction crews he work at the school! When the crews screwed up and built the school field seven yards too short, Tam refused to sell some excess garage space.
Now the city doesn't just want to acquire the extra seven yards, they want the whole property. Can you think of what interest the CITY might have in forcing a BAR that specializes in serving ALCOHOL for LUNCH to relocate away from a HIGH SCHOOL?
Don't condemn the priest. His school's field is just a pretext.
The bar is not next to the school, it is a couple of blocks away. There are several bars that are much closer to the school. I work right in that neighborhood, those kids wear uniforms to school and are quite identifiable. None of those students are having "liquid lunches" at any bars in that neighborhood. And, in fact, even if the Golden Cicada has a liquor license it is more of a Chinese restaurant than a bar. I've had some very good take out from there on occaision.
1. My reference was to having drunken patrons wandering around the school yard, not to serving to minors. If it was actually serving the high school kids licquor, the city wouldn't need eminent domain to get it shut down.
2. How is it that the bar is a couple blocks away, yet the school wanted to buy only 7 yards of it to expand the school field? If he school field is a couple blocks away from the school, (which seems really odd for a high school), then the point is that it abuts school property, whether or not that property is where math class is held. In fact, that the students must walk through the neighborhood to get from the school to the field would INCREASE the problems associated with a bunch of daytime drunks hanging around the school field, doncha think?
3. Your characterization of the bar is refuted by the reviews of it I pulled up on line. And of course, what kind of restaurant specifically promotes liquid lunches?
I agree with the notion of eminent domain for public use (i.e., highways, military forts, airports, etc.) The question behind Kelo v. New London was whether the state could use eminent domain authority to acquire land for private purpose.
Your analysis is fairer than many I've seen, pointing out that the government acts as the servant of the people. But the problem is that when the government can be used to benefit powerful individuals over less powerful ones, the government becomes corrupted, and hence, acts less so as a servant of the people. So to retain that quality of government, it is necessary to restrict eminent domain to its original purposes.
But Kelo is an interesting case from conservative legal theory, because it highlights conflicts between normally allied legal theories of Scalia's originalism, Bork's strict constructionism, and Roberts' multiple modalities.
LOL
Finally! An eminent domain ruling I can agree with!
There is nothing worthwhile about the Golden Cicada and it needs to be extracted from Grand St.
Go Maroon Marauders!
Hey I went to this fine Jesuit Institution. I also donate to it. Yet I too am against Kelo. And as an attorney, Kelo did not even allow what is going on in Jersey City. This is a private to private party forced transfer, which the Supremes have not yet okayed.
Thou shalt not steal includes having someone else steal what you're after for you.
It's BS. The clown with the most pull gets to take what he wants. That people BS is a bogus claim to justify the imposition of an arbitrary tyrany.
"In the name of the people.." We all know how that goes...
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