N.J. Court Deals Blow To Eminent Domain
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
MOUNT LAUREL, N.J. — In a victory for private property rights, the state Supreme Court ruled yesterday that local governments can’t seize land against the owner’s wishes simply because the property is underused.
The court ruled unanimously that only “blighted” areas are authorized under the state Constitution, and that the Legislature did not intend for eminent domain to be used when the sole basis is that the property is “not fully productive.”
Government watchdogs have argued for years that eminent domain is being used too liberally by governments nationwide to advance development.
