Wednesday, June 13, 2007

Eminent Domain in New Jersey?

Thank God, maybe someone is brave enough to follow the intent and the law as defined in the US Constitution. Maybe the Supreme Court of New Jersey has the citizens in mind - that's New Jersey of Sopranos fame. Someone speaking for citizens at last on the issue of eminent domain. The Supreme Court of New Jersey shines in view of the betrayal of the Supreme Court of the United States that allowed the city of New London, Connecticut to take peoples homes for developers turning the "takings clause" on its ear. ~~~~~~~~~~~~ N.J. Supreme Court limits eminent domain Published: June 13, 2007 at 7:15 PM TRENTON, N.J., June 13 (UPI) -- Property seized by eminent domain must be "blighted," not just unproductive, the New Jersey Supreme Court ruled Wednesday. The court, in a unanimous decision that reversed lower court rulings, barred the town of Paulsboro from seizing 63 acres on the Delaware River owned by Gallenthin Realty Development Inc. and two individual members of the Gallenthin family. Much of the property, across the river from Philadelphia International Airport, is protected wetlands, but it also includes mooring pylons and an unused railroad spur and was re-zoned in 1998 as marine industrial business park. Eminent domain has been a hot issue since the U.S. Supreme Court ruled that New London, Conn., could seize private property for transfer to a developer for economic reasons. The Gallenthins' attorney said the New Jersey ruling is a victory for property owners. "The court made it very clear that whatever euphemism is used, property must be blighted, in fact, before it can be taken," William Potter told the Courier Post of Cherry Hill. "No more can we see a property declared part of a redevelopment area simply because the government thinks there is a higher, better use." ~~~~~~~~~~ So in New Jersey, there is one small step for mankind and the right to private property being protected from an over-reaching and possibly corrupt city council as happened in New London, Conn. Shame on the Supreme Court of the United States for trampling on our rights to private property. And people within the Beltway wonder that we don't trust them any longer. Hmm... Three cheers for the New Jersey Supreme Court!

2 Comments:

Anonymous Anonymous said...

But too late for Long Branch, NJ.

12:15 AM  
Blogger Beach Girl said...

Just when I was about to believe American citizens had a chance...

3:23 PM  

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