KO'ing Kelo

KO’ing Kelo

We’re witnessing the Kelo-Effect – a corollary to Sir Isaac Newton’s Third Law of Motion which states, “For every action there is an equal and opposite reaction.” The public, waking up to the possibility that homes and small businesses could be taken for private gain, is galvanized as never before against the abuse of eminent domain…More than any other contemporary issue, this one cuts across party lines and hits the mother lode: private property rights. Redevelopment attorneys are disingenuous when they express surprise at this reaction. There are, after all, more than 1,000 redevelopment projects in progress in 64 New Jersey towns. And the words of Justice Sandra Day O’Connor in her Kelo dissent continue to resonate: “As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.” – By William J. Ward

Other Related News & Publications

Related coverage and publications from Carlin, Ward, Ash & Heiart.

Developer Agrees To Pay Family In Eminent Domain Case $21M

Jersey Journal, July 19, 2012 · By Terrence McDonald

The city paid the family $1.2 million for the waterfront property. But a jury in 2008 determined the actual fair market value to be $18 million, which with interest has risen to $21 million.

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Long Branch Homeowners Win Eminent Domain Fight

NJ Biz, September 21, 2009 · By Shankar P.

A group of 13 residential property owners in Long Branch won a six-year court battle to keep their homes from being condemned by the city administration, reaching a settlement with the city.

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New Cases On Top Court's Docket Test Privilege, Deposition Boundaries

New Jersey Law Journal, August 31, 2009 · By Henry Gottlieb

Iron Mountain Information Management v. Newark raises this question: when property is taken under the Local Redevelopment and Housing Law, is a commercial tenant with an option to purchase entitled to the same notice as the property owner?

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