Eminent Domain strikes again

Eminent Domain in N.J. - Now They Just Steal Land
NewsMax.com Wires
Monday, Oct. 17, 2005
Union Township, N.J. -- Carol Segal has a problem: He wants to build townhouses on the six acres of land he owns in New Jersey's Union Township and has contracted with a developer to build 100 townhouses there.
But the township government wants to develop the property themselves, and - incredibly - they have voted to take his land through the eminent domain process and let a local developer with political connections do the job.
"They want to steal my land," Segal told the Newark Star-Ledger. "What right do they have when I intend to do the exact same thing they want to do with my property?"
According to the Star-Ledger, Segal, a 65-year-old retired electrical engineer, has spent about $1.5 million to acquire the property over the past 10 years and has been dickering with township officials over the past five years about his development plans. He claims negotiations fell apart after he refused to use the developers that township officials wanted him to use.
At that point, on May 24, the five-member township committee voted unanimously to authorize the municipality to seize Segal's land through eminent domain and name its own developer, AMJM Development, paving the way for the developer to build 90 or so townhouses on Segal's land, according to the Star Ledger.

After that vote, Segal sued the township, and on Sept. 7 a Superior Court judge in Union County issued a temporary restraining order prohibiting the township from hiring its own developer. Six days later, the township committee unanimously voted to start negotiating - but not sign a contract - with AMJM Development.

In the meantime, Segal signed a contract last week to sell his property to Centex Homes for about $13 million, contingent upon local approval. The Star-Ledger described Centex as a nationally known developer with projects in New Jersey's Middlesex, Morris and Monmouth counties. Centex plans to build 100 townhouses on Segal's property, and expects to earn some $15 million to $20 million, Segal told the newspaper.

Township Mayor Joseph Florio and Deputy Mayor Peter Capodice, both members of the township committee, told the Star Ledger they were unaware of Segal's involvement with Centex when they voted Sept. 13 to negotiate with the Mauti family, who own AMJM Development. But a proposal Centex submitted to the township committee on Sept. 1 said the company "has been in negotiations with (Segal) for quite some time."

When the item came up at the Sept. 13 meeting, the committee did not allow Segal's attorney to speak before the vote was taken.

Florio and Capodice told the newspaper they preferred AMJM because it is a local company. "I've never heard of Centex," Capodice said. "They're not Union County people."

Justices Affirm Property Seizures
5-4 Ruling Backs Forced Sales for Private Development

By Charles Lane
Washington Post Staff Writer
Friday, June 24, 2005; Page A01

The Supreme Court ruled yesterday that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is "not blighted" and the new project's success is "not guaranteed".

According to a recent supreme court deciscion your property can be taken by a municipality and then resold to a developer or any entity so long as they can develop your property in a manner that produces more tax revenue for the municiaplity that you currently pay.
This gives too much room for the local "good old boy" government to do pretty much what they want.

We had a thread on that in the days that the court decision was handed down. Not sure where it is... probably in this same forum section.

Isn't it obvious what this law is about? It sickens me.

This gives too much room for the local "good old boy" government to do pretty much what they want.

I was kinda under the impression that the "good old boys" would be more behind the person defending the rights to their own property.
"Best git off m'propty fern I fill yer *** with buckshot!"

You are right "good old boys" was not the best choice of words. I was referring to corruption in local governments and how they seem to frequently be run by a clique. From personel experience I have found that It happens just as frequently in small communities as it does in large cities.

See, this is why i should be a dictator. You'll never have any of this crap under me and you won't be bothered with having to decide which moron you want to run the country. I'll do it, all of it.

See, this is why i should be a dictator. You'll never have any of this crap under me and you won't be bothered with having to decide which moron you want to run the country. I'll do it, all of it.

I have done work for Centex Homes. They are a very powerful developer. When I worked or them, they were the nations largest builder of residential dwellings.
Not my favorite developer to work for, but that is another story.
This eminent domain thing has gotten way out of control.

Dallas-based Centex Corporation (NYSE: CTX), founded in 1950, is one of the nation's leading home building companies. Centex Homes operates in major U.S. markets in 25 states and delivered more than 33,000 homes in the United States in its most recent fiscal year ended March 31, 2005. Its leading brands include Centex Homes, Fox & Jacobs Homes and Centex Destination Properties.

Township Mayor Joseph Florio and Deputy Mayor Peter Capodice, both members of the township committee, told the Star Ledger they were unaware of Segal's involvement with Centex when they voted Sept. 13 to negotiate with the Mauti family, who own AMJM Development.

It's funny that you guys criticize Centex when they are the developer that Segal wanted to hire. AMJM is the local contractor in collusion with the city government.