Friday, December 08, 2006

Eminent Domain Disaster in New Jersey

The New Jersey Supreme Court has just handed down a dreadful decision that will exacerbate the already out of control, and truly execrable abuse of eminent domain powers. Proponents will hide behind the notion that "open space" is a compelling public interest for government to seize our property, but this, while a good concept in theory, is just as amorphous a concept as economic development and similarly open to abuse by those in power. Who defines "open space" and who decides which spaces should be open? How do we measure the value or even the desire for "open space"? These are good questions that won't be asked while properties are seized from individuals based on political influence, corruption and strong arm tactics of zealous groups that may not reflect the true desires of those who will bare the consequences. What is additionally disturbing about this decision is that "open space" is the opposite of economic development, so now the government is free to take our property for any reason on a broad continuum - because it wants to develop or wants not to develop.

This ruling is a severe assault on our personal liberty, one in a long line emanating from our courts.

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