New Jersey Court Strikes Down Use of Eminent Domain to Take Property to “Bank” it for Possible Future Use

In New Jersey local government can’t just take property because it thinks it might prove valuable one day down the road for the government.

(From Reason)

In CRDA v. Birnbaum, an important decision issued yesterday, a New Jersey appellate court ruled that the state’s Casino Reinvestment Development Authority (CRDA) could not use eminent domain for the purpose of seizing private property in order to “bank” it for a possible future use…

… The Appellate Division of the Superior Court of New Jersey upheld the trial court’s 2016 decision concluding that there cannot be a public use unless CRDA can provide “evidence-based assurances that” it will use the land for a project that “would proceed in the reasonably foreseeable future.”

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