Opinion: Blue Acres: eminent domain with compassion
“EMINENT DOMAIN, or condemnation, is the process that allows the government — municipal, county, state or federal — to acquire private property for public use. Government entities use eminent domain to facilitate public projects such as the construction or expansion of roads, parks, schools and other public buildings. There is no denying that these projects are an appropriate function of government. But it doesn’t mean that the use of eminent domain wins many fans.
We don’t like to be forced to part with our personal property. Many view eminent domain as a prime example of government overreach into the lives and rights of individual citizens. After all, if a private buyer were to approach you and ask you to sell your property, you can simply decline if you don’t want to sell it.
But what if the government decides to use eminent domain to condemn your property? You are given no say in the matter and are obligated to sell to the government.
Eminent domain is based on the premise that the needs of society are more important than the individual’s right to property. Of course, the government cannot simply seize your property using condemnation. Under the Fifth Amendment, it is required to provide just compensation to property owners. Still, who among us wants to be forced to sell our home or property to the government, even if it will benefit our community?
Then again, if you live in an area that is prone to flooding, you may find yourself desperately wanting to sell your home but unable to do so. It can be difficult for individuals in communities that historically flood to sell their properties and move on with their lives. In these cases, New Jersey can use condemnation to give these property owners an exit strategy.”
Schepisi, John. North Jersey.com 23 July 2014.