Posted on 10/14/2016 7:18:05 PM PDT by Coleus
A state agency that lost its bid to seize the home of piano tuner Charlie Birnbaum in state Superior Court last month plans to continue its lengthy legal battle to acquire the Oriental Avenue property.
The Casino Reinvestment Development Authority, or CRDA, on Wednesday filed a notice appealing the Aug. 5 decision from Superior Court Judge Julio Mendez, who wrote the state agency's effort to condemn Birnbaum's property is a "manifest abuse of the eminent domain power." The agency has targeted the brick walkup that has been in Birnbaum's family for more than four decades as part of a mixed-use development project in the city's tourism district.
The agency has not yet identified what the project will be and argues it doesn't need to before it seizes Birnbaum's home. Robert McNamara, a senior attorney with the Virginia-based Institute for Justice, which is working on Birnbaum's behalf, called it "simply astonishing" that the CRDA would spend more resources to try to seize Birnbaum's property "in a time of economic uncertainty for Atlantic City." "But the fact remains that neither the New Jersey nor the United States Constitution allows government agencies to take private property based on nothing more than the bare hope that they'll think of something to do with the property someday," McNamara said in a statement. "We are happy to explain that to as many different courts as the CRDA would like until it gets the picture."
Elaine Zamansky, a spokeswoman for the CRDA, said, "We do not comment on matters that are under litigation." Birnbaum's parents bought the three-story home in 1969 and the Hammonton resident now uses the first floor as a base for his piano tuning business. Long-time tenants occupy the second and third floors of the home, which is
(Excerpt) Read more at nj.com ...
If he purchased it last week it would be okay to take property?
SCOTUS committed legitimacy suicide with Kelo.
And the coffin sailed with 0dontCare.
What's the big deal? I bought the whole street for like 100 bucks the other day....
Where were these people to protect the homes of minorities when a democrat town in New Jersey were throwing grandmothers out of their private paid off homes? These people owned those homes for decades, over 300 homes were destroyed and redeveloped for upper income townhomes with granite counter tops.
Where was all of this eminent domain abuse talk then?
Look up The Gardens in Mount Holly, these people worked for decades, paid of their homes and wanted to live in them until they could no longer. But the town did not like these “poor” people owning homes, so they came in and destroyed them and gave the people under $40,000 per home, when homes across the street were selling for over 200K
Eminent domain theft
Not a word
Affordable housing can only be controlled by the government and this was one of the very few affordable housing areas left in the state that wasn’t controlled by some sort of state or federal program. It had to be destroyed because of that reason only....
Nicely written information, thanks.
You comments on FR are always great, thanks for all your wisdom.
Will "they" hire the intruder to deal with Charlie?
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