Real Estate & Property Law

Protecting Property Rights

By Alan Ackerman

Star Ledger

READINGTON -- A state appeals court today reversed a previous decision allowing Readington to exercise eminent domain over hundred of acres surrounding a Hunterdon County airport they wanted to preserve as open space.

The panel of three judges said the town's decision to condemn 625 acres surrounding Solberg Airport was suspect and substantially motivated by a desire to limit the facility's expansion. The case will now head to trial court.

The town raised $21.7 million through a bond ordinance in 2006 and filed for condemnation. But the Solberg family contested the proceeding in Superior Court. The family argued losing the land that surrounds the 102-acre parcel would threaten future operation and ultimately destroy the airport that dates from 1941.

This is a fine example of those who want to protect their valid private property ownership, when within the constitutional protections, can prevail over public desires of inappropriate land use controls.  The Solberg family and their counsel Laurence Orloff deserve a lot of credit for not giving up.

Full post as published by National Eminent Domain Blog on August 20, 2009 (boomark / email).