The United States Supreme Court made it clear in its deciding Kelo v. City of New London that it is not concerned over the potential abuse arising from economic redevelopment plans. In this environment, what should property owners do when confronted with an economic redevelopment plan which appears to be favoring a few select people?
Link to the Barista of Bloomfield Ave. blog which has a good discussion going on regarding the redevelopment battle brewing in Bloomfield New Jersey.
Kelo v. City of New London – The Kelo case will require the United States Supreme Court to define the limitations, if any, of the Taking Clause of the U.S. Constitution. The Taking Clause permits private property to be taken for a public use, including schools, road widening, and other projects whose completion benefits the public.
Housing Authority of New Brunswick v. Suydam Investors – This case is important since the reported decision confirms that the condemning authority is not allowed to withhold funds for estimated environmental problems, but must deposit the full compensation amount with the court.
Smith v. Town of Mendon, 177 (New York Court of Appeals) – In another case revolving around property rights and condemnation, the New York Court of Appeals held last week that conservation restrictions on the use of private property do not constitute regulatory takings entitling the owner to compensation, as long as the owner does not lose the right to control access by the general public.
Concerned Citizens of Princeton, Inc. v. Mayor and Council of Borough of Princeton – This is a case which involved a redevelopment plan in downtown Princeton, New Jersey. Princeton Township decided to construct a library, parking garage, and residential housing.
County of Wayne v. Hathcock – (Supreme Court of Michigan 2004) – This is an important case which involved a victory for land owners and a reversal of a 1981 case cited by many states in adopting redevelopment plans.
Susette Kelo v. City of New London, et al. – In a case arising in Connecticut, several homeowners challenged a redevelopment plan that involved 115 land parcels located on approximately 90 acres near the Thames River in New London, Connecticut.
City of Linden v. Benedict Motel Corp. – 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.
When your rights to private property clash with the government’s authority to act for the benefit of the public, ignorance of the law can be costly.
