Eminent Domain
City of Linden v. Benedict Motel Corp.
The New Jersey Court of Appeals ruled that the City of Linden was required to pay just compensation to a property owner whose parking spaces were taken. Even though the use of the parking spaces required some access to and usage of a public right-of-way, the owner was entitled to a condemnation award.
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The supreme courts ruling on Eminent Domain today surprised me. In all honesty, they themselves are probably somewhat disappointed in the eminent domain proposition as it is written. But, can our state or other state officials not write a state law that does not stop it use, but merely limits the local governments authority or implementation of the eminent domain use?
I mean we would not stop the use of eminent domain but for the sake of public safety and the welfare of all. Could we not restrict how they implement it, instead of why they implement it. It should be nothing more than a case of writing a legal or citizens check into our checks and balances form of government.
Could we legally state that a local government can exercise the right in it’s use of public domain when the use of the land will be for public use (vice public good). And that if the property is acquired under a premise of public use, it shall be used managed and maintained by the local government for at least 50 years. Otherwise it is returned to the previous owner at half the purchasing price originally paid by the local governing body.
The intent of the above would be to more define the public use and public good. Public use meaning it must be used by the public as a group of citizens and the immediate beneficiaries are the users who are the local citizen population.
If the use of eminent domain was to be enacted by a local government for use by the local individuals for the good of the community at large or overall and not the immediate benefit of the public at large. Then the eminent domain proposition will be added to list assigned a place on the next countywide ballot. This ballot measure must then be approved of by 51% of the collective vote. The vote shall consist of only legal registered county voters of that county.
The intent of this would be the return of power to the local citizenry by voting in cases where their neighbors and ultimately there own welfare is in jeopardy from individuals who have undue ability to exert power and presser upon a local governing board. This would free the board from any citizenry repercussions, and limit the influence of single powerful individuals upon our local governments.
We would not be stopping the use of eminent domain, but just making sure that when invoked it is justifiably for the good of all, not for the true good of an individual or individuals.
Mark Scheuffele
mrkmarine@aol.com
San Clemente California