Taking land FROM developers is OK, too

The NJ Supreme Court issued a ruling on eminent domain that allows agencies to condemn land owned by a developer to set it aside for open space. This is an interesting twist in the wake of the US Supreme Court's recent Kelo decision which addressed taking land to give TO the developers.

While the home builders issue their usual statements about the diminshment of property rights, the court did look after them in a specific way. The ruling made it clear that the land owner's reimbursement must reflect the latest zoning and improvements. In this case that included approvals for plenty of $400,000 homes with the construction of the retention basin already completed. I don't expect to see many towns waiting until this late date in the process to pursue eminent domain proceedings.

"Land-preservation experts said the ruling was important in a state like New Jersey, which is already heavily developed. But they did not expect a flood of towns to use eminent domain to preserve open space because it is an expensive and time-consuming process."

It is another tool in a very complicated toolbox.