Real Estate & Property Law

New Jersey Farm Purchase

By Alan Ackerman

Central Jersey

NORTH BRUNSWICK — The Township Council paved the way for preservation of the Pulda Farm on Monday, adopting two ordinances that will enable the township to take the property using eminent domain.

Both ordinances passed unanimously. The first ordinance set aside $11.8 million for the purchase, including $11.21 million to be raised through the issuance of bonds.

The second ordinance authorized the township's administrator and attorney to acquire the land by any means necessary, either by negotiation or through the power of eminent domain, a legal maneuver that allows the township to seize land for public use after paying the land owner fair compensation.

In this case, the township hopes to preserve the farm as open space and prevent a possible 325-unit housing development.

    Here we go again.  Here we have a mayor of a community stating that he wants to preserve a little open space, fully failing to recognize the potential development viability in the long term.  This mayor can say right now there is no lot selling, but this entity, holding a farm tract readily available for development, is not in the market to just sell at some discounted value.  
    Further, one has to wonder whether preservation is in and of itself a public use.  The New Jersey judiciary has the potential to initiate a policy of barring what are called pre-textual takings.  Such takings have recently been found unconstitutional in Hawaii.

Full post as published by National Eminent Domain Blog on December 18, 2009 (boomark / email).