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Ventnor City, N.J. --- Standing outside a home scheduled to be "condemned" in the name of economic redevelopment, U.S. Rep. Frank Pallone, Jr. (D-NJ) today announced the introduction of federal legislation that will prohibit local governments from seizing private property for private use.
"My legislation will help families fight for the homes that they have worked and saved for and to ensure that their homes are not unfairly seized by the government," said Pallone.
The New Jersey Congressman's announcement follows a controversial U.S. Supreme Court decision in June that allows local governments to invoke eminent domain of private property for private purposes in the name of economic development.
In the five-to-four decision, the Court ruled the City of New London, Connecticut had the right to invoke eminent domain over 15 homes along a river to allow for the private construction of a large-scale development project involving office space, a hotel and new homes. The Court's majority cited New London's intention to revitalize the area as an acceptable reason for the city to condemn the homes so a private developer could come in and build on the land.
Pallone opposes the decision and has expressed concern that the Court's ruling in favor of the town and the developers opens the door for future eminent domain abuses.
"I strongly oppose the majority opinion in the New London case," Pallone said. "The court’s decision weakens the basic constitutional principle protecting private property from being taken for private use. Our founding fathers were clear in the Constitution’s Fifth Amendment when they wrote that private property could only be taken by a government for public use."
Pallone was joined today by Ventnor City residents, whose homes and businesses have been seized to make way for luxury condominiums, high-end specialty stores, and a parking garage. In total, Ventnor City plans to demolish 126 middleclass homes and family-owned business to clear room for the redevelopment project.
"The situation here in Ventnor City is happening throughout New Jersey. Communities, enticed by increased tax revenue and high real estate prices, choose to demolish middle class homes to make way for high-density luxury housing," Pallone said. "We are standing in a well-kept middle class community scheduled to be replaced with upscale condos or townhouses in the name of economic revitalization."
Eminent domain is the acquisition of private property by the government for public use. While the Framers of the Constitution wanted to protect individual property, they also realized that eminent domain was necessary in order for government to function. Pallone said that eminent domain laws have allowed our communities to build and expand critical infrastructure, including new roads and highways, schools and military bases.
The New Jersey congressman believes eminent domain for private purposes should only be used in exceptional circumstances where the neighborhood is blighted to the point it is injurious to the public health or safety.
Even under these extreme circumstances Pallone's legislation withholds federal housing funds from state, county or local authorities that do not comply with the following criteria: 1) show in a series of public hearings that they have explored all necessary alternatives to eminent domain, 2) ensure that, in the rare cases where homes are taken due to blight, that the homeowners receive compensation well beyond the market value to reflect relocation cost and the projected value of the seized property, 3) redevelopment plans include affordable housing for families and seniors and an equivalent housing plan in a comparable housing market in the case of commercial development, and 4) include a referendum vote on any major redevelopment project. |
