Eminent Domain Use and Abuse in Long Branch, New Jersey

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document in english

political science

case study

published 25/04/2008

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Eminent domain is, at its essence, the power of a governmental entity to take private real estate for public use, with or without the permission of its owner. The right is most often exercised as a last resort, when all other avenues of negotiations have failed, to acquire land for the construction of highways, Post Offices, hospitals, or the like. The concept of eminent domain was born in British common law, and was adopted by the Thirteen Colonies before the Revolutionary War. Upon the drafting of the U.S. Constitution, eminent domain was limited by the Fifth Amendment, which states ‘nor shall private property be taken for public use, without just compensation.’ This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.2 Indeed, the Supreme Court found that eminent domain “appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.”3 Thus American states, cities, school districts, and other governmental and quasi-governmental entities are afforded the rights and privileges of eminent domain.

The History of Eminent Domain in America.
A small number of owners of the lots in question refused to sell to the city.
Long Branch was once a thriving resort town.
Long Branch's decline accelerated during and after the 1960s.
Furlong's group raised $165,000, and used the money to hire the Boston urban design firm of Thompson and Wood.
The political process to pass the plan involved many revisions and consultations with outside agencies.
The clearest outcome of Long Branch's Master Plan can be seen in the city's redevelopment and revitalization.
Feedback from a minority of Long Branch residents - opposed to the use of eminent domain in their city.
The events in New London and Long Branch have far-reaching effects on all of New Jersey's urban residents.