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Article: New Legal Setbacks For Eminent Domain

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NJBIZ
Article date:
July 30, 2007
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Copyright

LODI

A ruling strengthens owners' rights, but the issue remains a hot one

Foes of eminent domain last week cheered a state appellate panel decision that denied a bid by the borough of Lodi to seize private properly for redevelopment.

The ruling, LBK Associates LLC et al. v. Borough of Lodi et at, was the latest to favor businesses and homeowners in the wake of a June 13 state Supreme Court ruling that limited the right of municipalities to seize properly to boost tax collections.

"We're pleased with the Lodi ruling," says Phyllis Salowe-Kaye, executive director of the watchdog group New Jersey Citizen Action. "The State Supreme Court decision defined the eminent domain process and ...

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