New Jersey Court Restricts Imminent Domain Use

New Jersey's Supreme Court has ruled that local governments can't seize land against the owner's wishes simply because the property is underused. The court's unanimous ruling states that only "blighted" areas are authorized under the New Jersey Constitution. The court found that the Legislature did not intend for eminent domain to be used when the sole reason 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. The furor over imminent domain has raged for two years since a court ruled privately-owned land could be taken for commercial development.

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