{"id":199949,"date":"2007-06-14T16:52:00","date_gmt":"2007-06-14T21:52:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2007\/06\/14\/good-court-decision-on-eminent-domain\/"},"modified":"2007-06-14T16:52:00","modified_gmt":"2007-06-14T21:52:00","slug":"good-court-decision-on-eminent-domain","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2007\/06\/14\/good-court-decision-on-eminent-domain\/","title":{"rendered":"Good Court Decision on Eminent Domain"},"content":{"rendered":"

I was appalled by the actions taken in Kelo v. City of New London<\/span>, but not the court decision.<\/p>\n

The idea of taking someone’s home, and giving it to a real estate developer is a POLITICAL<\/span> calculus, and not a judicial one.<\/p>\n

If you look at the case, the right wingers on the court sided against the “taking”, and they did so with an ulterior motive.<\/p>\n

They were looking to make it a wedge for the “Fair Use” crazies, who want to be reimbursed for not putting a toxic waste dump on their land.<\/p>\n

This decision is far more narrow, and simply says that fallow land is not blighted land under the NJ constitution.<\/p>\n

Ruling limits use of eminent domain<\/a><\/p>\n

Thursday, June 14, 2007<\/span><\/p>\n

By SCOTT FALLON<\/span>
STAFF WRITER<\/span><\/p>\n

New Jersey towns will have a harder time seizing private property for redevelopment after the state Supreme Court ruled Wednesday that targeted property must be blighted and not merely underused.<\/span><\/p>\n

The ruling will have far-reaching effects, state officials said, and could aid property owners fighting eminent domain in Lodi, North Arlington and Passaic.<\/span><\/p>\n

The 42-page unanimous decision said that town officials cannot seize homes and businesses simply because they believe those properties can be put to better use.<\/span><\/p>\n

“The court is giving notice that municipalities no longer have unfettered access to private property,” said Harvey Pearlman, a lawyer who represents a Passaic homeowner whose house was condemned by the city without his knowledge.<\/span><\/p>\n

The court wrestled with what constitutes blight in deciding a case from Gloucester County, where the town of Paulsboro sought to condemn a 63-acre tract made up mostly of wetlands.<\/span><\/p>\n

….<\/span><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

I was appalled by the actions taken in Kelo v. City of New London, but not the court decision. The idea of taking someone’s home, and giving it to a real estate developer is a POLITICAL calculus, and not a judicial one. If you look at the case, the right wingers on the court sided …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[972,1081,978],"tags":[],"class_list":["post-199949","post","type-post","status-publish","format-standard","hentry","category-justice","category-laws","category-politics"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/199949"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=199949"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/199949\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=199949"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=199949"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=199949"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}