Eminent Domain gone wrong in NJ?

No, that could never happen…

The Golden Cicada tavern in Jersey City sits alongside some of the state’s most valuable real estate.

But when the city’s redevelopment agency moved this summer to seize the bar and the back room apartment where owner Cheng Tan lives, it wasn’t to make way for another gleaming office tower or upscale residential project.

Instead, the city plans to turn the property over to a Catholic high school, so it can expand its football field.

The religious implications outraged civil libertarians, and property rights groups, still smarting from a U.S. Supreme Court ruling in June, argued the city is misusing its powers of condemnation.

“This is one of the most egregious cases of eminent domain in the country,” said Steve Anderson of the Institute for Justice in Washington.

Next week, when Tan’s case goes before a judge in Jersey City, he will have the benefit of free legal advice, but his lawyers face an uphill battle. The summer court case confirmed the use of eminent domain by government to seize private land and turn it over to others for private use.

But lawyers for the American Civil Liberties Union and Rutgers Constitutional Litigation Clinic, who are representing Tan, argue the redevelopment agency is violating the constitutional prohibition on favoring a religion.

“It’s inappropriate for government to take land from one person and give it to another for their personal use,” said Ed Barocas, the ACLU’s legal director in New Jersey. “It’s even more inappropriate to take it to benefit a particular religion.”

St. Peter’s Prep, a respected institution with powerful political ties, argues that after spending years and about $4 million assembling property for much-needed athletic fields, it is being held up unfairly by Tan.

The school last year built a new field adjacent to the Golden Cicada, but the Rev. James Keenan, St. Peter’s president, said it is 7 yards shy of regulation and must be lengthened for the varsity to play its home games there.

“We offered to buy the garages behind his business, which would give us enough room,” Keenan said. “That would not affect his business, but he refused.”

Keenan also stressed that Tan put his business up for sale in 1998, but the bar owner said that is irrelevant.

“My wife was sick, and I was having financial difficulties,” Tan said. “But that has nothing to do with their right to take my business. It doesn’t matter if this business was open one day or one year.”

Tan bought the bar in 1987 and Kam-sin, his late wife, ran it while he continued to work as an electrical engineer. (The bar’s name is the English translation of his wife’s Mandarin name.)

On paper, the legal argument is technically between the redevelopment agency – which is empowered by state law to seize property – and Tan. The city council in 2000 declared the area around Tan’s bar “in need of redevelopment” and designated it for open space and recreation. A lawyer for the city confirmed that the agency has an agreement to sell Tan’s property to St. Peter’s at cost if it wins the case.

Keenan said the school bought an adjacent scrap yard in 1999 and hoped, at the time, to get both Tan’s property and a neighboring rowhouse. (The elderly owner of the rowhouse has never put it up for sale, Keenan said, and the school is willing to wait him out.)

As the legal process churned slowly along, Tan became increasingly well-versed and militant about eminent domain.

“It’s like the reincarnation of Thomas Paine,” he joked, noting that eminent domain is a frequent subject of conversation among his regulars. “When the government starts ignoring property rights, we all have a serious problem.”

In 2003, the school won approval to build its elaborate practice field but soon discovered that the scrap yard was far more polluted than expected. The price of the project ballooned from $2.5 million to $4 million, Keenan said.

The school got help from the state Legislature, which, at the behest of state Sen. Bernard Kenny (D-Hudson), chipped in $250,000 for the cleanup. Kenny’s sons both attended St. Peter’s.

i just saw that on the front page of the paper in our kitchen. lol

That really, really, sucks

i’ll be interested to see what happens here…

  • > the rights of the private citizen :bloated:

“This is one of the most egregious cases of eminent domain in the country,” said Steve Anderson of the Institute for Justice in Washington.

fuck that’s a complicated sentence. i’ve gotta start reading again or something, i swear i don’t use more than like 53 different words a day, and that’s factoring in swearing

Wow, if he loses that case… sigh fucking religion.

They’re probably going to run into some problems with that seizure now. :tup: to congress.

http://www.cnn.com/2005/POLITICS/11/04/eminent.domain.ap/index.html

And why doesn’t it suprise me that CNN found some stupid democrat willing to give a quote about why the new bill is bad.

Verah nice…

big :tup: for blockage.

:tdown:

I fucking hate religion.,

I thought the new property had to generate new revenue greater than the current property. $4 Million to level some builings and lay down some turf. Even with Lights and a good set of bleachers that sounds just a little high. What kind of revenue is a high school field going to generate?

yes lets all hate religious groups, they never do anything good like feed and cloth the homeless or help families in need or offer food/shelter/money to people in disasterous situations…oh wait, they do…then somthing like this happens and all you ignorant tards can do is blame religion and say its the religious peopl’s fault…gota love the ignorance in this forum. What you should be compaining about is the fact that the government is seizing private property and selling it. Its reasons such as this that one day there WILL be an uprising agianst the government, they are becoming way too powerfull.

:cjerk:

wow thats an awsome post…how did you get such a good job being a dumb ass?

What’s the matter… had to edit what you first posted?

um yeah my comp sucks so what i normally do is post what i have to say before it freezes, then go back and edit it…call it dumb but it beats haveing to write the same thing 10 times…dont be a tool rob, if your going to bust on what i say then do that, not how i say it…and you’re still a dumbass lol.

It’s all good Josh… friendly fire. :shoot:

Back on Topic…

It sucks that this bar has to be seized for a damn football field. The bar brings money into the City… it’s hard to see the football field bringing anywhere near the same amount of cash. I hope it gets overturned.

The thing thats really lame is the simple fact that their seizing private property…thats lame…imean i can see if ok, its a vacant house that looks like ass in a decent neiborhood and the owner refuses to do anyting with it…but destroying sombody’s buisness…thats sooo un-American.

Exactly

The school got help from the state Legislature, which, at the behest of state Sen. Bernard Kenny (D-Hudson), chipped in $250,000 for the cleanup. Kenny’s sons both attended St. Peter’s.
the fact that his kids went there has nothing to do with it either i bet lol…grrr i hate polotics.

off topic, i was waching c-span last night…wow, lota shit i didint know about thats going on…such as Exxon making over 75% more this quarter than average…yeah the ga was that short huh…especially when it lines their pockets with over $10billion in increaced profits.