Thursday, February 26, 2009

Think Tanks

http://www.njeminentdomain.com/state-of-new-jersey-new-jersey-eminent-domain-think-tank.html

Some conclusions to the social problem of eminent domain in NJ suggested by an attorney since eminent domain has moved away from using the taking clause strictly for public use:
?Abolish the "project enhancement" doctrine
?Business damages should be included in just compensation
?Expense of litigation should be borne by the condemnor
?Compensation for emotion distress that results in being forcibly removed from one's home.

In addition, they require a extensive redevelopment plan which includes:
1.Require a redevelopment element of the municipal master plan.
2.Enhance planning content of redevelopment plans.
3.Provide greater public notice and enhanced public participation
4.Guarantee adequate compensation for property taken.
5.Provide more opportunities for public scrutiny in redeveloper designation.
6.Offer enhanced financial participation to affected property owners.
7.Guarantee enhanced consideration of historic and environmental resources.
8.Provide immediate clarification of "smart growth" criterion.
9.Improve relocation assistance

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