Beeker’s Words

My understanding of eminent domain has been that the local or federal government could appropriate your property for public use such as roads, public buildings or hospitals in exchange for just compensation to the owner. Hospitals and roads are typically projects that are created for the greater good. In 2005 the Supreme Court made a decision in Kelo V. City of New London that broadens eminent domain to allow for property to be taken from one private owner to be given to another private owner to further a localities’ plan for redevelopment. This means that if you live in an area that your town has decided could provide more taxes through having a shopping center or luxury condos, that your local government can take your home and sell it to a developer. When they take your home just compensation is not based on what the developer is going to charge the people purchasing the space in the new shopping center or the luxury condos, it is what the local government feels is fair value for your home. Of course in most cases the compensation would not be enough that the former property owner could afford to purchase a condo in the new development. Think again before buying that house with the waterfront view, or proximity to the beach, and heaven forbid that a major company comes to town claiming they are looking for an area to put down roots. This interpretation of the law by the Supreme Court is like having Santa, the Easter bunny, and the tooth fairy visiting on the same day for New Jersey politicians.  In a state where you expect to see the FBI escorting politicians to jail on the evening news, you have just given them the right to grab whatever they see fit and to dangle the properties as favors.  The poor and the elderly who live in these re-development areas don’t have the resources to fight to keep their property and New Jersey is not known for affordable housing.  What happens to these people? It has been two years since the Supreme Court case and big surprise New Jersey is one of eight states that has passed no law to inhibit or restrict municipalities from using eminent domain for economic development. In June the New Jersey legislature tabled the resolution that would put eminent domain on a ballot. So politicians don’t want to upset developers before a big election year?