John Bendall owner of Re/Max Classic Group sites article from today’s Star Ledger.

One of the biggest and usually best investments most people make is in their home and  protecting their investment can become a primary concern for many homeowners.  For this reason the term Eminent-domain can be a terrifying one.  Just what right, and under what circumstances can the government claim someone’s property under eminent-domain?  The following article from today’s Star Ledger discusses just that.  Many property owners, including myself will be interested to see what decision is made in this case and what president it will set for future cases.

Eminent-domain ruling is due from top court

by Kate Coscarelli, Wed, 5:06 AM

The New Jersey Supreme Court is expected to rule this morning on a case about governments taking property via eminent domain.

The case revolves around a plot of land in Paulsboro that the municipal government declared blighted and claimed using eminent domain. The 43 acres of wetlands and 20 acres of farm is expected to be used for a deepwater port on the Delaware River.

The ruling could shape the future use of condemnation for private redevelopment.

George Gallenthin owns the land that the Gloucester County town wants to use as part of a privately operated port. His lawyer claimed the town only needed a small piece of the land. But municipal officials said they are permitted to condemn land that is not being used fully and could be put to a more beneficial use.

Arguments on the issue before the court earlier this year focused on New Jersey’s 15-year-old Local Redevelopment and Housing Law, which requires that an area be declared blighted before a municipality can use eminent domain to take property and hand it over to private developers.

Exactly how blight is defined is expected to be crucial in the decision.

You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.