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April 3, 2008
U.S. Supreme Court should consider case from Brooklyn
CourierPostOnline.com, editorial
An editorial from New Jersey, where eminent domain is a hot-button issue:
Whether or not you're a fan of the New Jersey Nets or any NBA team, all New Jerseyans, especially those facing the prospect of losing their home or business to government eminent domain seizure, should be concerned about how the Nets-to-Brooklyn case turns out. The U.S. Supreme Court has a chance, with this high profile case, to perhaps modify or even undo its 2005 Kelo v. City of New London ruling, which said local governments have the right to seize property to give it to a private developer.
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The plaintiffs are arguing that using eminent domain in this case violates the U.S. Constitution because the development would primarily benefit the developer, not the public. The Constitution grants governments the right to seize privately owned property when it is needed to build something for the public benefit.We hope the Supreme Court hears this case. Eminent domain abuse is a problem all over the United States, and too many Davids in South Jersey have had to fight the government Goliath when plans have come along that call for replacing their modest homes and businesses with something more upscale. The U.S. Supreme Court needs to rule again on the legality of this.
Posted by lumi at April 3, 2008 5:30 AM