Municipalities can acquire private property via the power of eminent domain.? Recently the Supreme Court reviewed whether or not a municipality can physical exercise that power to slow residential development.
In the case, defendant owned a tract zoned for residential use.? Defendant proposed to construct 23 single family members homes in accordance with the zoning.
Defendant obtained final subdivision approval and did a substantial amount of site preparation.
Thereafter, the municipal governing body decided to acquire defendant?s lands for open space.? When attempts at a voluntary acquisition failed, the municipality filed a notice of taking and sued in condemnation.
The landowner-developer resisted, claiming the real municipal purpose was not to boost open space, but to slow residential development.
The trial court agreed with the landowner and dismissed the condemnation proceedings.
The matter was reviewed by the Supreme Court.
YOU BE THE JUDGE: Can private property be condemned for open space and to slow development?
The Supreme Court observed that the preservation of open space was a legitimate governmental concern.? Further, it was not inconsistent with that concern if a municipality sought to slow residential growth to limit overcrowded schools, traffic congestion and environmental difficulties connected with development.
Of course, in condemnation, the landowner was entitled to the value of the lands with those subdivision approvals which had been obtained.
The decision points out that a courtroom can bring justice and might be the only way to safeguard your rights. We know courtrooms we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or present a ?second opinion? about your pending lawsuit. There is no obligation for the initial consultation.
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Source: http://www.ccjer.org/if-your-property-is-threatened-by-condemnation.html
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