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Posted on 06/14/2007 5:11:05 PM PDT by SubGeniusX
The New Jersey State Supreme Court issued a blow Wednesday to the way municipalities use their power of eminent domain to acquire private land.
In an unanimous ruling, the court said that for land to be taken against the owner's wishes it must be "blighted" and not merely "not fully productive."
The ruling is a victory for private property rights but could make it more difficult to redevelop some communities.
The case centers on a 63-acre tract in Paulsboro made up mostly of wetlands just across the Delaware River from Philadelphia International Airport.
The Gallenthin family started using the land more than 100 years ago as a place to dock boats carrying produce from southern New Jersey to Philadelphia. The family has owned the land since the early 1950s.
Over the last decade, the small industrial town has been courting redevelopment.
In 2003, it included the Gallenthin site on a redevelopment plan, which would make it eligible to be taken. At the time, the town planner, George Stevenson, told the planning board that there was no activity on the land and the community would be better served by having something there.
The Gallethins sued to keep the land from being taken but an appeals court sided with the town.
Wednesday's ruling, written by Chief Justice James R. Zazzali, overturned the earlier decision, saying that for land to be condemned it has to be truly blighted.
"The New Jersey Constitution does not permit government redevelopment of private property solely because the property is not used in an optimal manner," Zazzali wrote.
The ruling gives judicial validation to an argument that watchdogs have been expressing: that towns in New Jersey and elsewhere, which use eminent domain as a key tool in revitalization efforts, have been using the power too liberally.
The backlash has grown since the U.S. Supreme Court ruled two years ago that New London, Conn., could take over privately owned homes on behalf of a real estate developer.
In New Jersey, the state public advocate, Ron Chen, has released two reports since 2006 calling for restrictions on how eminent domain can be used. The state Assembly has also advanced a bill aimed at creating restrictions for eminent domain use; the bill is stalled in the senate.
ping
Hard to believe I'm reading that in the United States, even if it was voided by the court.
Just what have you been doing the past few years that you’ve missed hearing about this sort of thing? I thought I was leading a sheltered life!
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
Heh.
Define blight.
Step 1. Redefine “blighted”.
Step 2. Delare it blighted under new definition.
Step 3. Take it.
Step 4. Peeon the people, while thumbing noses at court.
Step 5. Jail any protestors for ‘Contempt of their Betters”.
This should pose no problem for city governments, there's plenty of blighted property in New Jersey.
Exactly. “Blight” is whatever the crooks define it to be. I’ve posted before on San Jose’s desperate attempts to claim “blight” in one of its oldest, best-kept, and expensive neighborhoods: the best they could come up with was leaves on a residence’s tennis court and garbage cans out on the curb on garbage day. They actually tried to sneak those past a court.
Interesting that NJ one of the most liberal states makes a ruling that flys in the face the SCOTUS
An incredible decision from an incredible source.
Hopefully, the Supremes will revisit this and those scum Souter, Bader-Ginsburg et al will loose.
Just still having a hard time believing it all.
And I don't plan to get used to it!
CA: Blight? Yeah right - National City badly abuses land-seizure law
San Diego Union-Tribune ^ | September 9, 2005 | Editorial Board
http://www.freerepublic.com/focus/f-news/1481320/posts
One pickup on blocks, if it is covered with blackberries or buried in kudzu; otherwise, it takes two of them.
OTOH, either of these qualifies without question:
You’re right. Unfortunately (as we all know) unscrupulous government types often steal property by shamelessly lying and declaring it blighted (e.g., Giuliani and Pataki did this in NY on behalf of private developers who — surprise, surprise — contributed to their campaigns). We’ve got a long way to go.
ping
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
City Hall: Eminent Domain Requires Two Bureaucrats Sign a Piece of Paper. And there ain’t nothin’ you can do about it so get them damned ideas of freedom and personal property out of your stupid servant head and just pay your taxes like a good boy!
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