Posted on 11/05/2005 6:00:57 PM PST by chet_in_ny
(JERSEY CITY) The city has dropped a plan to use its power of eminent domain to seize a neighborhood bar and turn the land over to a Roman Catholic high school, Mayor Jerramiah T. Healy said Friday.
Healy said he made the decision "after weighing all the issues" between property owner Cheng Tan, proprietor of the Golden Cicada tavern, and St. Peter's Prep, which wants the land to expand its football field.
"There are instances when the city's taking of private property for public purpose is appropriate, but this is not one of those instances," Healy said in a written statement.
The school built a new field last year next to the Golden Cicada, but its president, the Rev. James Keenan, has said it needs to be lengthened in order for the school's team to play its home games there.
Tan had rejected offers from the school to purchase part of his property.
(Excerpt) Read more at 1010wins.com ...
I agree with you the comment coming from someone from the ACLU was funny.........however, there should never have been any consideration by the city to invoke ED in this situation and the school/Church should never have broached it.......and I say that as a Roman Catholic.
Thou shalt not covet thy neighbor's house, thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbor's.
does that include lawn mowers and hedge trimmers??
Are they currently playing on a field that is less than 100 yards?
I agree with the city's decision, too. I don't drink, and I'm all for tearing down a bar to expand the soccer field for a Catholic school. But the way that sort of thing should happen in a free and democratic country is that the school either pays whatever price the man is willing to sell his bar for, or they don't get the property.
I think it is a very rare case when the government should be allowed to take someone's private property, such as when a highway or railroad, or even power lines need to come through. This entire government land grab is not only unconstitutional, is is totally un-American.
Those weren't on the list so they are probably free for the taking...although I did know a women that took her neighbors hedge trimmers out of his trash. She is dead now, electrocuted when using the trimmers. Guess they were in the trash for a reason.
The school built a new field last year next to the Golden Cicada, but its president, the Rev. James Keenan, has said it needs to be lengthened in order for the school's team to play its home games there.
Damn football rules keep changing. Only last year, the football field was long enough.
In Bayonne, a Chinese Restaurant would be Eminent Domain toast if the Elks Club needed a new ladies' room (which, btw, it does)!
Good point.
But it brings up a question I should have thought of before my post.....what is a school doing building anything next to a BAR????????
Now, they're worried about "the possibility of a youngster being injured by running into the rear of the buildings on Grand St." Guess there wasn't room in the $4 million budget for fence.
But backing up, StPeter's Prep 'needs' the land to lengthen the field for home football games...that'd be, what, 5-6 games a year? Put a guy out of business, force employees onto the unemployment line, take tax-paying property off the rolls and into tax-exempt status, trample all over property rights for a half-dozen high school football games per year?
The school last year built a new field adjacent to the Golden Cicada, but the Rev. James Keenan, St. Peter's president, said it is 7 yards shy of regulation and must be lengthened for the varsity to play its home games there.
Lots more info here:
I met Cheng Tan at an event for Steve Lonegan. Mr. Tan explained his predicament in detail. It seems the school obtained permission to build the field, claiming they would make no further request for additional land. After they built the first phase, they then tried to use eminent domain to complete the second phase (which was most likely part of the original plan.)
Mr. Tan said was never offered what he considered a reasonable offer for his business.
Apparently there wasn't a big enough tax advantage to Jersey City to warrant the unconstitutional misuse of eminent domain so the dropped their plans. They're holding out for a big retail developer to step up to the plate.
Pretty much my thinking on all points.
No one gonna mess with the neighborhood bar. CHEERS....
The Constitution permits eminent domain for public use not for a public purpose. The senile bats at the SCOTUS have opened a major can of worms and declared war on private property.
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