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GEOFF MULVIHILL ASSOCIATED PRESS - 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 case
centers on a 63-acre tract in Paulsboro made up mostly of wetlands
Wednesday's ruling, written by Chief Justice James R. Zazzali,
overturned the earlier decision, saying that for land to be condemned it
has to be truly blighted. "The New Jersey Constitution does not permit
government redevelopment of private property solely because the property
is not used in an optimal manner," Zazzali wrote. The ruling gives
judicial validation to an argument that watchdogs have been expressing:
that towns in New Jersey and elsewhere, which use eminent domain as a
key tool in revitalization efforts, have been using the power too
liberally.
http://www.chron.com/disp/story.mpl/ap/fn/4886541.html
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GEOFF MULVIHILL ASSOCIATED PRESS - 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 case
centers on a 63-acre tract in Paulsboro made up mostly of wetlands
Wednesday's ruling, written by Chief Justice James R. Zazzali,
overturned the earlier decision, saying that for land to be condemned it
has to be truly blighted. "The New Jersey Constitution does not permit
government redevelopment of private property solely because the property
is not used in an optimal manner," Zazzali wrote. The ruling gives
judicial validation to an argument that watchdogs have been expressing:
that towns in New Jersey and elsewhere, which use eminent domain as a
key tool in revitalization efforts, have been using the power too
liberally.
http://www.chron.com/disp/story.mpl/ap/fn/4886541.html
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