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Posted on 08/05/2005 3:52:37 PM PDT by lowbridge
EMINENT DOMANIA
Taking of developer's land for open space OK'd
Twist on Kelo case has mayor hoping to seize more private property
Posted: August 5, 2005 1:00 a.m. Eastern
In a twist on this summer's Supreme Court decision allowing a Connecticut city to seize private land and turn it over to developers, a New Jersey appeals panel has OK'd the taking of property from developers to assure the area remains as open space.
The decision by the three-judge state court, handed down Tuesday, allows the township of Mount Laurel, N.J., to take a 16-acre tract from developer Michael Procacci and his company, Mipro Homes, which planned to build 23 homes on the land.
Procacci had received approval for the development prior to the decision.
The town's mayor, Gerry Nardello, wants to use the decision to seize more private land.
"We're elated," Nardello told the Associated Press. "Hopefully we can move on and go on pursuing more open space."
A mid-2004 ruling by Superior Court Judge John A. Sweeney of Burlington County sided with Mipro, awarding the company $150,000 in fees and damages. This week's ruling reverses the monetary award.
Mipro's attorney, Jeffrey Baron, said the ruling will be appealed to the state's Supreme Court.
"It disregards completely the need for open space and concentrates only on the municipality's right to take property – not because it needs it but because it wants it," Baron told AP.
Proponents of the seizure used the "quality of life" argument.
"When you look at the fact that New Jersey is the most densely populated state in the entire country, we have to have the ability to preserve some open space to maintain the quality of life in communities," said William Kearns, general counsel to the League of Municipalities.
The landmark Kelo v. City of New London decision, handed down June 23, allows the government of New London, Conn., to seize the homes and businesses of residents to facilitate the building of an office complex that would provide economic benefits to the area and more tax revenue to the city. Though the practice of eminent domain is provided for in the Fifth Amendment of the Constitution, this case is significant because the seizure is for private development and not for "public use," such as a highway or bridge. Eminent domain is not normally used to seize land for open space, as is the case in New Jersey.
"We conclude that a municipality's acquisition for open space of properties on which residential development is planned constitutes a proper use of eminent domain," wrote Judge Stephen Skillman in the decision. "We conclude that … the selection of properties for open space acquisition on which residential development is planned does not constitute an improper exercise of eminent domain power. …
"The trial court's conclusion that Mt. Laurel can acquire the Mipro site for open space by negotiation with the owner but lacks authority to acquire the property by eminent domain is inconsistent with the statutes authorizing municipalities to acquire land for open space."
ping
More power to loony city councils for their looney "quality of life" plans. Unfortunately this means an end to the "right to private property in this country as we know it.
Thanks alot "conservative" Judge Souter.
1. New Jersey is the most densely populated state in the country, but the majority of the state is uninhabitated.
2. New Jersey? I thought this happened in Connecticut. Where did NJ come from?
The political powers that be in my small South Jersey town are trying to ram threw a Super Wal Mart...I wonder if we could use this tactic to stop them..
This is what will kill off this ruling. They are messing with BIG MONEY and the law will be changed.
I would also look for our left wing friends to do more of these open space seizures in the future, and it will end up in Congress.
Dumb.
The original case was from Connecticut but, since the Supreme Court ruled on it, the ruling applies in all of the states.
NJ exchanged beautiful pristine open space for a swamp so Agfa Gaevert could open their facility.
I am amazed to see the words "New Jersey" and "quality of life" used in the same story. And for the record, I was born and raised there.
As long as it doesn't impede on the Promenade project, or the Museum of Trucking - I'm OK with it.
- Tony
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
If there were not a market for the store, WalMart wouldn't be trying to build it.
I've never met anyone forced to shop at Walmart...but I've met plenty of people who would like to prevent others from shopping there.
"open space" = available to the highest bidder
This town will have the distinction of being replied to with "which f***ing one" in all future real estate conversions. The very term "Mount Laurel decisions" will become even scarier to people in the state.
The F****ng communists were right, they are taking America, without firing a shot. Between the American communist lawyers unit( aclu ) and 5 liberals on the supreme court we're in an ugly spot. I'd just soon have a "civil war" with the left, than to continue to lose bit by bit, piece by piece. War may be hell, but being without a country would be worse.
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