Thursday, June 14, 2007

Eminent domain struck down by NJ court

In a victory for private property rights, the state Supreme Court ruled Wednesday that local governments can't seize land against the owner's wishes simply because the property is underused.

Property Rights Victory in Eminent Domain Debate

Over the last decade the small industrial town of Paulsboro has been courting redevelopment, and in 2003, it included the property on a redevelopment plan, setting the stage for acquisition through eminent domain... The court ruled unanimously that only "blighted" areas are authorized under the state Constitution, and that the Legislature did not intend for eminent domain to be used when the sole basis is that the property is "not fully productive."

Iron Triangle owners, take notes.

3 comments:

Anonymous said...

Warning.....Grandma Shulman......grabbing the "iron triangle" won't be so easy now!

Taxpayer said...

The court ruled unanimously that only "blighted" areas are authorized under the state Constitution, and that the Legislature did not intend for eminent domain to be used when the sole basis is that the property is "not fully productive."

The late President Lyndon Johnson said that "Politics is the art of defining terms."

So, lets see how the loophole is opened with the loose official definition of "blighted".

What was wrong with the simple terms of the US Constitution which still permits taking property for public works only? Public works have long been defined as public libraries, schools, public office buildings, and the like. Structures owned by the public and used for public purposes.

Now we have judges and politicians who look at Zimbabwe and its President Mugabe as examples of effective eminent domain.

The people we elect hate democracy and love Soviet type government. Democracy is messy. Soviet type is clean and neat. No pretense. Little People are crushed; Precious People make the rules and always win.

Anonymous said...

I totally agree with "taxpayer" who hit the nail squarely on the head !!!

Loopholes can be quickly fashioned into nooses !!!