Hoboken residents question eminent domain for private gain
In case you missed it, the hot topic of discussion at the March 15, 2006 Hoboken City Council meeting was the City’s attempt to use eminent domain for what many consider to be PRIVATE GAIN.
During most of the 4 hour marathon meeting, resident after resident passionately addressed Council members objecting to the City’s plan to seize the two operating businesses on the west side of Grand between 10th and 11th Street through eminent domain. The properties would then be turned over to a private developer who plans to build 150 condos.
When all was said and done, it appeared that yet another issue had once again emerged pitting resident-voters against their elected representatives. In sharp contrast, while some Councilpersons expressed varying degrees of comfort with the City’s plan, not one of the resident speakers condoned the City’s use of eminent domain.
A City Ordinance to RESTRICT the use of eminent domain for PRIVATE GAIN?
On November 8, 2005, the voters of the Borough of Bogota, New Jersey approved a City ordinance to enact provisions consistent with the will of the voters to protect the interests of the Borough’s property owners and occupants, voters, and taxpayers now and in future years.
The local ordinance, the only one of its kind in New Jersey, bans condemnation of private property for private development to increase tax revenues.
The referendum was spearheaded by Bogota Mayor Steve Lonegan, in response to the Supreme Court's ruling earlier this year that allowed New London, Conn., to condemn homes for private development because it provided an economic benefit to the town.
Historically, governments have used eminent domain to condemn private land for public use, such as schools and highways. But in recent decades, that use has expanded.
In New Jersey, where at least 64 towns have declared areas in need of redevelopment, opening the way for eminent domain, condemnation law allows towns to take land for private development when the area in question is considered "blighted" or "underutilized."
The Bogota ordinance limits condemnation of private properties to cases in which the land will be opened to the public or for public use.
What steps can Hoboken take to RESTRICT the use of eminent domain for PRIVATE GAIN?
The Hoboken City Council has the power to protect the citizens of Hoboken with a restrictive eminent domain City Ordinance. The best scenario would be for the Council to introduce and enact a restrictive eminent domain City Ordinance. While the prospects of a Councilperson stepping up and sponsoring the legislation may be questionable at this time, the City Council also has the option of following the lead of Bogota and putting the question before the voters.
If all else fails and the City Council refuses to enact a restrictive eminent domain ordinance, there is little doubt that a citizens group will step forward and force the issue into binding referendum.
Just the tip of the Iceberg?
The outrage and concern over the City's eminent domain policies appears to have spread to other parts of the City.
Several residents living in the Observer Highway area on the City's southern boundary also expressed their concerns and fears during the Council meeting. The area encompasses the Hoboken Municipal Garage complex and the Neuman Leather Building, both slated for potential redevelopment action by the City.
Like the residents of the Northern Redevelopement District, the Observer Highway residents were questioning the City's plan and the potential use of eminent domain in their neighborhood.
Doomsday scenario?
Unless this matter is addressed and put to rest in a timely fashion, expect to see "eminent domain" and the associated accusations of "Pay to Play" influences become major campaign issues in May 2007 Council elections. In that election, six of the nine currently serving Hoboken City Council members will face re-election.
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