The New Jersey Supreme Court held that the Township of Jackson could not exercise the power of eminent domain to take private property for the purpose of giving the condemned land to a private developer in exchange for other property owned by that developer. The Court held that no New Jersey statute that governs condemnation, nor case law from the United States Supreme Court or this State, authorized Jackson’s land swap scheme. The Court’s decision affirms the February 2025 decision of the Appellate Division and confirms the obligations imposed on local governmental entities when exercising the power of eminent domain to take private property.
The Court held:
- In exercising the power of eminent domain, a municipality must abide by the Federal and State Constitutions, the Local Lands and Buildings Law (LLBL), and the Eminent Domain Act (EDA).
- Government may take private property only for a public use, and the stated public use must occur on the property subject to the condemnation, noting that Jackson’s proposed land swap “without strictly adhering to the public purpose requirement, could potentially lead to abuse.”
- Affirmed the “square corners” doctrine that demands the government deal forthrightly and fairly with property owners, especially when condemning property. Here, the Court weighed Jackson’s “evolving language in the ordinances [that authorized the taking]” in describing the purpose of the taking, finding that Jackson “fell short” in meeting those standards.
Richard DeAngelis, a partner with Connell Foley’s Land Use and Real Estate Group, argued the matter for Getzel Bee, LLC. Associate Meredith Rubin assisted in this matter.
A copy of the Supreme Court’s decision may be found below.
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