Eminent domain is one of the most controversial policies facing urban America. Developers have attempted to use the blighted areas clause of the NJ State Constitution to call for private development. Respond to the following question after reading the below listed websites. I expect you to reply directly the comments of your peers.
Does eminent domain makes sense in the Long Branch NJ case? Why or why not?
Please take a look at the following websites:
Eminent Domain Legality
http://straylight.law.cornell.edu/supct/html/04-108.ZS.html
Story on Long Branch NJ
http://query.nytimes.com/gst/fullpage.html?res=9A03E2D81739F932A05750C0A9629C8B63&sec=&spon=&pagewanted=print
Current Status of Long Branch Case
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-11/1226035674320550.xml&coll=1
Supplemental Reading for future lawyers
http://www.state.nj.us/publicadvocate/public/pdf/BMIAvBelmar.pdf
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23 comments:
Eminent Domain does make sense in this situation. Long Branch is an area that is blighted and needs tremendous improvement to become what it used to be once again. I can understand from a business standpoint that the city officials would want to go through with this. However, one has to consider the people that this is affecting. In the article that was posted, I read about "a woman who was 77 years old who had a house in her family for over 50 years. She know has to give up that home because of the intentions of Long Branch." I understand the reasoning of the city. In the long run, I believe it will prove to be more positive than negative. The land will eventually be built back up and will go back to what it used to look like when the area was nice. However, it is sad for the people that lived there for their entire lives and now have to leave. Also, at one point in the article, "one of the citizens in Long Branch that would be affected by this city's idea, stated that she could understand if they were knocking down their homes for something positive such as a school or a supermarket, but not condominiums and town houses." I understand what she is saying however, the whole point of Eminent Domain is to start rebuilding the area. They want to make the area nicer than what it is today. That is why eventually, Long Branch will become an area that becomes built up again.
(http://query.nytimes.com/gst/fullpage.html?res=9A03E2D81739F932A05750C0A9629C8B63&s)
I agree with Nick that emininent domain makes absolutely no sense for the area of Long Branch, NJ. As two of the articles mentioned, nytimes and nj.com, there is no clarification of what is considered a "blight" area. The NJ.com article stated that "The decade-old legal battle now goes back to Superior Court, where a judge will have to decide whether the city met the criteria for finding the homes in the targeted neighborhoods to be "blighted."" What that exactly means is up in the air to me and most likely to the residents of Long Branch. Maybe if there was a simple definition of what a "blighted" area was I would better understand the need for eminent domain in Long Branch via through the eyes of the lawyers and city officals involved in this mess. I was also not aware that those areas that want to enact eminent domain were considered urban areas according to the cornell website. Therefore, Long Branch is apparently an urban area and in need of eminent domain, though for the wrong reasons.
As far as I understood, I thought eminent domain was about improving areas that were dilapidated and destitute. I was not aware Long Branch was one such area and that the town's officials wanted to use eminent domain to not create parks, schools, or other important parts of the town to build it back up to what it used to be. I do not think this makes sense to use eminent domain in Long Branch to pay off homeowners who have lived there for most of their lives and use their homes to knock them down and build new townhouses and condos that they will not benefit from whatsoever.
The concept would make sense in Long Branch if they used it to beautify the area and create positive influences in their town to make it an inviting place for people to move and remain there. Long Branch's use of eminent domain is bizarre and completely unethical. Like Nick said, some of those people have nowhere to go. People have lived and owned those homes for a while. That is all they know. It is unfair to attempt to pay the residents off to go live somewhere else when they have established their lives in Long Branch.
In today’s economy, governmental officials are actively doing everything in their power to aide movement and stimulate growth—eminent domain is a prime example. According to cornel.edu, eminent domain is “an integrated development plan designed to revitalize its ailing economy.” In the particular case of Long Branch, NJ, a once prestigious shore vacation destination where previous President’s and wealthy business men frequented, has since become unmaintained and a liability to the state of New Jersey. Therefore, there have been plans set into place since 1996, to renew this area to its previous state. According to NJ.com, these plans primarily included purchasing most of the property earmarked for the project from willing sellers, however, trouble began when the owners of the rest of the property, refused to sell.
Eminent domain’s main goal is to reconstruct a poverty stricken area; erecting businesses, community centers, better roads and better homes. However, in order for this to take place, the area in question must be deemed “blighted.” Blighted is defined as “something that impairs growth, withers hopes and ambitions, or impedes progress and prosperity.” It is evident that the homeowners of the homes in question are in fact hindering the forward progression of this construction project. To combat Nick and Robin’s points, if proper compensation is offered to the homeowners, I think that it is a positive move for all parties involved. In my opinion compensation does not have to be limited to monetary value, but could be a relocation program in which not housing options were provided that would benefit the homeowner. I do understand that the traditional, eminent domain model is not being followed; in that old homes modest homes are being demolished and are being replaced merely be new luxury condos, and not businesses which would create jobs. However, one has to take into consideration that as a result of this project a new demographic would be attracted to this area and stimulate the economy. The articles did state that the last business ceased when the pier burned down and fishing was no longer possible. One must realize that this new development will eventually bring commerce to the area. In closing, I feel that if the homeowners are compensated accordingly, this is a great move for all parities involved.
Eminent domain is constantly seen as the big ugly green eyed monster, taking away from the common person. While I can hardly disagree with this statement, the article we read from the New York Times was hardly an unbiased piece.
Look, along with what Nick and Robin said, nobody wants to see their home of one, two, three or more decades torn down where they started and often intended to live out their life. God knows that this is a tragedy in every sense of the word. This is the case in Long Branch, though the people haven't a leg to stand on.
The people of Long Branch, as far as I understand it, haven't proposed what to do if they do not intend to comply with the eminent domain plans for their area. (I must imply that I feel for these people, I really do. Though the facts still stand.)
Long Branch is indeed in need of a bit of a revamp. Anybody who knows what it once was knows that it hardly is the same now. Looking at it from the city officials' points of view, this is a very necessary element of their economy. They could draw in new, young and fresh people to revitalize their town, mirroring that of its glory days. It is for the greater good of the community.
Perhaps an easier way to look at it would have been to state it as such: a lesser of two evils. Unfortunately, neither side has been able to comprise a win-win situation. Most people would ultimately sympathize with the people, possibly with a hint of empathy; in the end, however, if the people do not coalesce and convene to make decisive decisions to have a plan of decisive actions if they truly want to stick to their guns. My best of luck to them. They need a leader.
This particular case involving Long Branch, however it is decided, will have heavy implications for future cases just like it. As Robin mentioned, "blighted" has yet to be given a definition. As of now, it remains unclear what blighted really means. I believe that criteria needs to be implemented, and it seems as though it will be through this case. It seems as though Long Branch does need to be revitalized. However, I do not understand how knocking these ocean front cottages will help. Small ocean front cottages, in my opinion, add to the character and flavor of the area.
Also, as one of the articles mentions, why would these residents make an effort to spruce up their houses now and over the past decade if they are in danger of losing them without just compensation anyway? Knocking cottages down for pricier town homes will not create jobs or attract more tourists and vacationers. I agree with the Long Branch article that it seems as if it is a scheme to tweak taxes. The first thing that needs to be done by the courts is to establish a concrete definition of what "blighted" means and figure out what criteria needs to be met in order to deem property blighted.
This case is extremely important and will be cited by lawyers for years to come. Therefore, it needs to be dealt with correctly or else it will give city officials too much discretion, which might lead to an abuse of eminent domain. Blighted should constitute dilapidated, which is "decayed, deteriorated, or fallen into partial ruin especially through neglect or misuse" (Merriam Webster) and nothing short of that.
That being said, Eminent Domain does make sense in Long Branch in general, but not in the case of the 39 homes.
According to eminent domain, these houses are allowed to be seized by the government. It may not make sense to demolish cheaper homes and replace them with newer homes with a price tag of nearly $600,000 plus. Although Long Branch is blighted in some areas, those who are protesting eminent domain are not your usual run-down area. As Robin noted a definite meaning of blighted has not been established by eminent domain in regards to housing structure.
The goal of eminent domain is to allow for economic advancement of an area, which will be accomplished by the rebuilding of the area. The only problem would would the failure to sell and fill these new $600,000 - $1.5 million condominiums. That would be a tragedy for the people who are on the verge of losing their homes. Maybe a proposed plan to build a partial/trial of the total proposed revamp would allow the town council to see how the plan may fail or succeed.
In my eyes the plan does not make sense, but according to statute, the developers are cleared for their plan. Eminent domain has to be one of the most ridiculous laws ever created, unless a promise of more than market value would be instituted. The best interest of the people who are losing their homes should be taken into consideration, maybe a 150%-200% market value would suffice.
Eminent Domain is a controversial law that brings up many questions and concerns. Eminent Domain was established by lawmakers to acquire lands or property that will help for the general good of the public by building schools, parks, reservoirs, roads, hospitals, etc. Now, Eminent Domain is used to seize property from citizens that do not want to sell, so that the towns/cities can redevelop the property to gain more tax revenues, under the pretence of benefiting the good of the people. It is now being used to revitalize a city for its economic growth. This will be accomplished through the redevelopment and rejuvenation of the land/property seized. The acquisition of the land is supposed to serve the general public by creating public works projects such as schools, parks, recreational centers, commerce facilities, etc. for societal benefit. However, in Long Branch, NJ eminent domain law is being used to seize life long residents' homes to turn over to developers for construction of condos and townhouses in their place. This is not what the law was meant for. It does not provide the previous residents with any kind of real monetary gain. They do not gain as much profit from the selling of their homes because the state does not truly give fair market value or higher for their homes. The only gain being made here is tax revenue for the city of Long Branch, NJ. Therefore the use of eminent domain for this purpose is in my opinion is wrong and unjust.
As many of my classmates agreed with and Robin stated “blighted” areas are not clearly defined within these articles. The case in Long Branch is that there is a large portion of the area which is blighted but they need the other homes to complete the project as a completed polished masterpiece. After consulting the sites I understand how Long Branch would want to revamp a whole section of town to return it to prominence once held in its hay day. As a hot spot for tourists and vacationers the revenue generated would benefit the town. In this case though its liking taking a whole area and completely changing it. The mayor of Long Branch stated “Decades of decay had blighted the beachfront before the final blow in 1987, when the fishing pier burned down. ''That was the end of any business community on the waterfront,'' Mr. Schneider said”, it’s documented that the water front area has been decaying and running it self down Gemma made a clear argument that these plans have been set up for more then a decade and government of Long Branch is doing everything in its power to stimulate growth economically and socially.
The people feel they are “wronged working-class heroes” and I feel that is a fair statement for the fact they are getting offers for their houses at 200,000 when the developer is planning to sell condos and town houses ranging from 600,000 to almost 1.5 million dollars. Hannak1 made a good point about in the article the people noted they weren’t improving their homes in fear of the tear down. But maybe if these people were given an opportunity to improve their homes to fit in with the proposed plans it may have a blending of the new the old or if they gave these people a fairer value for their homes in may be different case. Both sides have very strong supporting arguments and make very clear points. Sometimes change is necessary, this is such a large case that the supreme court of New Jersey refuses to rule on it. I feel that the eminent domain clause should re worked and looked over to assure that the people being relocated are given proper compensation for their property which will help generate funds for the community as well as a clearer definition of “blighted” should be instituted. This a case that will go documented for years and the outcome will have implications on future eminent domain cases.
Eminent domain has become a very complicated and controversial law that seems to make sense in this situation. Long Branch is clearly an area which is blighted, meaning it needs much improvement . However, there are 2 sides to this story. From a commercial/business point of view, there is obvious reasons why the city would want to go through with the plans of rebuilding. On the other hand, the residents that the plan would be affecting must be considered. It is just a very unfortunate situation, especially when part of the blighted areas contains houses that have been in families for over 50 years. I have been in Long Branch many times and can see these blighted areas that are indecisively mentioned, but i also don't think that the articles, especially NY times and nj.com present these areas in a clear way.
Given the severity of this case, it must be dealt with in the right manor, possibly because it will be looked at for years to come. The bottom line is the government officials are going to do what it takes to improve the city and its economy and they will do almost whatever it takes. Unfortunately, this may mean the end for some homes and the migration of these residents. This can be viewed as unjust and unfair, but sometimes that is just how it goes.
Like Terence, Larry, and many others mentioned, Long Branch is in need of renewal and economic stimulation. I do not believe that the use of eminent domain is necessary in this community. Long Branch is no longer a prestigious vacation spot and its spectacular night life has disappeared. Part of the problem, sighted by Long Branch government, is that there are numerous "blighted" areas in town. In their opinion Long Branch has lost its status as a renowned community. As many of my colleagues asked, "What is considered blighted?" Blighted as defined by dictionary.com is "Something that impairs growth, withers hopes and ambitions, or impedes progress and prosperity." With this in mind, my next question is: How can houses, which are home to a 77 year old lady and various other families, wither hopes and impede progress? They cannot in my opinion.
Eminent domain is designed to create jobs and stimulate the economy. In this case eminent domain has presented Long Branch with a reason to take homes away from loyal, taxpaying citizens. The Long Branch government should consider rebuilding or revitalization in areas that do not have inhabitants and homes to numerous families.
As Robin and Gemma wrote, eminent domain is a device that is to be used in areas that are poverty stricken and dilapidated. In neither the court case nor newspaper article is their evidence of either. Long Branch is attempting to regain their status as a national vacation spot. This law should not enable them to destroy family homes. These homes and areas display no evidence of what is termed “blighted.” Instead of using eminent domain to regain its gambling and vacationing night life, it should use this policy to help the adults and children that has allowed for much of its success thus far. Loyal and faithful citizens are necessary to a successful community, and Long Branch has decided to replace these citizens with condos.
Eminet domain was established by lawmakers to acquire land or property that will help for the general good of the public by building schools, parks, roads, hospitals, etc. The town of Long Branch New Jersey is being effected by the laws of eminet domain. It has been decided that the town is not up to the standards that it once held as a popular vacation destination. Eminent domain allows for areas to be purchased against the sellers wishes to allow for improvement of the town. Under eminent domain an area must be considered blighted to allow for a forceful sell. As Robin and many others have stated there is no clear definition of blighted.
The town of Long Branch has passed a plan to put up new condos on the shore line where single family homes are located. The families who currently live in the homes that refuse to sell may be forced to sell. Jonny, Robin, Nick, and others all said that it would be sad to see people leaving homes they have been in for so long. I agree with them, and the fact that many will have no where else to go. With the price of the new condos the families would have to move out of the area.
As Gemma stated a new demographic would be attracted to the area and stimulate the economy. That would be a best case senario. With the economy in the fragile state it is in high price homes are not selling very well. The jobs the construction create would be great but it would be worthless if no one bought the condos. Matt said that it would be benificial for the town to build a small amount of condos that sell from 600,000 to 1.5 million and see how well they sell. I agree with him and think that could help all parties involved. Long Branch is in need of an economic stimulus and renewal but is eminent domain the proper way to go? Would all of the people being misplaced from their homes be worth the possibility that the new condos may or may not turn the area around. I agree with Hanna that the outcome of this case will have signifigant impact on future eminent domain cases.
I am very sympathetic to the families that are being torn apart - who have had houses for many generations. I wish that the government could implement a mandate that would guarantee that these residents find EQUAL living situations somewhere else (in regards to the home market value and the value the house was assessed at).
I think that Long Branch is revitalizing the town because it absolutely needs the upgrade - the town does not want to do it, just to do it. So I agree with many indviduals on here that would support this cause, but I feel terrible for the families involved, and I do not know how I would feel if my family was involved.
Eminent Domain is very controversial. It is a system to redevelop an area that is blighted, run-down, dilapidated, or any other terms you want to use. As far as the area of Long Branch which is concerned, the area was not any of those, it was just out-dated, with many cottages and small homes built back in the early twentieth century as vacation, or occassionally, permanent homes. These homes are now occupied permanently, with most residents being elderly. Many of whom have been living in these properties for most of their elderly lives. In an effort to revitalize Long Branch as a major destination for Jersey and out-of-staters alike, Long Branch has been trying to modernize itself in a form of "suburban renewal." Many condos, apartments, and upper-middle to luxurious homes have been built to attract new residents, while forcing old residents out.
I believe it is wrong for the government to remove citizens from homes they have worked to purchase throughout their lifetimes in order to replace the home-owner and the home. As these residents pass away or decide to relocate, the government can begin a gradual process of purchasing these vacant homes and then they can do whatever they wish with the area. But I believe it is unconstitutional for the government to force residents out of property in which they own.
The need for rebuilding in a run down area can be seen in many places other than the inner city. As in the case of Long Branch where a $500 million plan seeks to demolish and rebuild parks, roads, and most importantly homes of the residents in Long Branch. The desire to "start anew" by getting rid of the old has many people up in arms- and for good reason. Many people have lived in these homes for much of their lives. How come the mayor and municipal officials didn't address these problems before it grew into this fiasco. Was there no warning signs of decay in the area? There should have been measures put in place to help regenerate Long Branch far before the plan to redo the area occurred. I cannot help but feel bad for the residents who seem hopeless, trying to find support from many means. I am not sure if they were fully aware of the extent to which this plan would affect their houses and the community. This may have been the reason for their late response to the execution of the rebuilding plan. By keeping the residents in the dark on some issues it was easier for the powers behind the plan to go forth and attempt to demolish these seaside households. It was the duty of the mayor and his officials to look after his residents and the upkeep of Long Branch. Those residents while in need of a town restoration do not need to watch their houses get demolished.
Basically... are these homes are not disgusting. They are not falling apart nor are they hazardous to the heath of the community. That being said, why are they portrayed as in need of eminent domain repair? The fact is... money.
At what price does each community set a home as in need of takeover... just because a home may not be the biggest or best, does that qualify as in need of governmental repair?
I do not believe so. The home in which I grew up in is quite different than those that have been built up around us. Although these Scansions may appear affluent, in truth they are not. Beyond home sale value, we must look further as a community.
What really matter in a community? Pride in home. Pride in community. These aspects are found to be thorough and through profound in the growth of a community. The homeowners of Long Branch are proud of heir homes and community as well as their homes. Who are we to say they are not as valuable to the community as the next resident?
While the jersey shore renter rate climbs, it is the home-owners and residents that will truly make a difference in the long run... something eminent domain looks past when deciding the "worth" of a home. As any person like myself, who has grown up as a town has grown around me, I nor any other person has the right to decide what is worth destruction... these are not houses, but homes!
Does Eminent Domain make sense in Long Branch? Well is putting up fancy homes on a beach front better for the "greater good?"
There are a lot of positive aspects of building new homes on the beach front in Long Branch. Many people benefit from a housing development. The workers building the houses are given work, people with money have reason to move in to the newly built beach front homes, rich tenants lead to more expensive stores and the like. At the same time, however, who is able to purchase these homes and live in this newly built community? Only the wealthy.
I think anyone would be hard pressed to argue that things that benefit the American upper class are equal to benefiting the "greater good." The Long Branch case would seem to be motivated by money and nothing else. A new housing development may create money for some, but more than anything else its simply bringing money in to the town. In that sense its bringing in the rich and kicking out the poor. How is that beneficial to the greater good?
It can also be seen as an attempt to reassign people to proper neighborhoods based on their income. In essence the state, by ruling against the residents, is saying that they don't make enough money to live on the beach and will be reassigned to living somewhere inland. Though immoral it seems, it would make sense.
As Bartek has said, the government could take the little land that they do not have control over and take it bit by bit as the family members die or move away. This way no one is hurt. And as Ronald had said, having loyal citizens is essential to having a strong community. Removing people who have lived in Long Branch for 50+ years destroys the community.
In the end it comes down to the courts. The judges that serve us represent the American people. Their job is to decide what is best, and if that means more condos in Long Branch then maybe it is for the best.
I agree with my classmates that feel this case is a bit strange. I mean yes eminent domain makes sense to help build up communities, but this case shows how it can really affect people that have been living there their whole lives. In the two articles on the Long Branch situation you can see that it truly is affecting many people.
On the town's point of view they want to take these houses that are considered "blighted" and knock them down and turn them into revenue by making them beach front housing. The town is looking to sell these condos and town houses for about $600,000 to $1.5 million, which the town would collect more tax on than from the existing homes.
On the other side is the town people who are already living in these "blighted" homes. They feel that their homes are being unfairly taken from them. Rose LaRosa has been living in her cottage that has been in her family since 1944, raises a good point saying how if they wanted to knock down these houses to put in a highway it would be understandable, but to knock down these houses for other houses just doesn't make much sense.
I know that we have discussed situations like this in the inner city, but this hits a little closer to home for me since I live in an area more like Long Branch. I know how some people don't really raise questions when things like that happen in the cities, since they feel that it cannot happen to them, but this shows the town you live in really has more power than you think.
I feel that eminent domain is just another sign of to much government power. It is unethical and goes against our rights for government intervention to take away ones own home. If the government even on a local level can step in and tell you that your house is blighted and also tell you how much its worth who knows what other rights will be taken from us in the future.
I agree with what Steve said before me. The government shouldn’t have the right to pick and choose areas and force individuals to pick up and leave their homes. There needs to be a better way of resolving a situation that that. Also, it isn’t right to force the individuals to sell their property for such a low price when in actuality, the amount that a home on the water is double, maybe triple what the government is offering.
A friend of mine has a house by the water in Ortley Beach near Seaside Heights and if their house was going to be bought from the government and replaced with another house, they would feel if to be unfair and personally, I would join the fight with them to prevent that from happening
As a resident that lives fairly close to Long Branch I have two different views of why eminent domain would make sence, and would not. It will be shown in two diffeernt comments, as you asked me to respond two comments this week. The area of Long Branch has been greatly transformed to new condos, beach clubs, and pricey resturants. The amount of homes that are being targeted is sixteen. For me the reason it would be good, is because it would create some jobs with-in the city, and aid the economy, of my county. The other condos that had been built had really revitilized the town and changed it for the better. If the economy was not as bad thought i would not think eminent doamin would make sence for just sixteen homes to be destroyed.
If you read the first website about eminent domain I would not think that it would make sence in the Long Branch case. With in the description it states that eminent domain could take place if there were willing home owners involved. The town of Long Branch had been built up in the past two decades. There are some really expensive condos, as well as middle class homes. Does the city really need to get rid of the last "old homes"? The majority of the area is in good condition. Regarding these particular homes, the owners are majority, I believe, elderly. Some had stated that they would even repair or revitilize their homes, but not if they were just going to get torn down. They do not want to sell their homes, and they have the right to keep them in my opinion. I know the courts do not care about circumstances but in this case I do not think eminent domain should apply to Long Branch.
It is important to focus on the morality in here. Blighten area is a term that is given to an area. The residents do not see it in the same light as these companies. It is important to considered alternate solutions then relocating all these individuals.
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