Supreme Court Decision Good For Long Branch Mayor
The Supreme Court of the United States ruled yesterday that the government can invoke eminent domain rules for economic purposes. This would give the City of Long Branch the legal protections and justification for there recent eminent domain abuses along Ocean Avenue.
“WASHINGTON -- A divided Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights.
The 5-4 ruling -- assailed by dissenting Justice Sandra Day O'Connor as handing "disproportionate influence and power" to the well-heeled in America -- was a defeat for Connecticut residents whose homes are slated for destruction to make room for an office complex. They had argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.”
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“WASHINGTON -- A divided Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights.
The 5-4 ruling -- assailed by dissenting Justice Sandra Day O'Connor as handing "disproportionate influence and power" to the well-heeled in America -- was a defeat for Connecticut residents whose homes are slated for destruction to make room for an office complex. They had argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.”
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2 Comments:
Those condos in Long Branch are going to look much worse than what is there now after they are sitting vacant for years following this RE bubble. Unfortunatley the developers will have skipped town with their pockets full.
Here's an interesting take on eminent domain in Utah:
Salt Lake Tribune
"The government isn't going to take your house to build a Wal-Mart, even though the U.S. Supreme Court says it could. Fortunately, the Utah Legislature has made sure that will not happen here.
Earlier this year, the Legislature executed a taking of its own - it took the power of eminent domain away from redevelopment agencies. That means an RDA, which Utah cities often use to subsidize economic development, cannot condemn property, that is, force an owner to sell".
Maybe ED will become the third rail of state and local politics if enough pressure is put on politicians to stay away from using it under threat of being voted out of office. But then again, this is New Jersey.
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