Free Republic

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...

Last month the U.S. Supreme Court, in the Connecticut case of Kelo vs. New London, gave local governments the power to seize the homes of property owners and give the land to private companies. Florida Attorney General Charles Crist and other sources have been quoted as saying that Floridians don’t have to worry about this decision because state law provides greater protection for private-property owners than the U.S. Constitution or Connecticut law. Unfortunately, that’s not the case. Florida’s Community Redevelopment Act that allows “blighted” areas to be condemned by local governments under eminent domain gives public entities unbridled discretion in...