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Article: New Jersey Supreme Court Limits Application of Blight Designation in Ongoing National Debate over Eminent Domain.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 2, 2007
CopyrightCOPYRIGHT 2007 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Not Fully Productive Use" Alone Is Not Sufficient Basis for Condemnation
Gallenthin Realty Development, Inc. v. Borough of Paulsboro, A-51-2006 (New Jersey Supreme Court, June 13, 2007)
In a potential blow to municipalities seeking to redevelop "underutilized" properties, the New Jersey Supreme Court has held that a municipality's designation of a property as blighted and subject to the municipality's power of eminent domain based solely upon a finding that the property is not being utilized in a fully productive manner (i.e., "not fully productive use"), without producing evidence that the condition was due to conditions of title or diversity of ...