Assemblyman Joe Pennacchio Assemblyman Richard Merkt Assemblywoman Alison Littell McHose

PENNACCHIO CALLS FOR ACTION
ON EMINENT DOMAIN LEGISLATION
State Supreme Court Hears Mount Laurel Case

As the state Supreme Court began hearing arguments yesterday in a Mount Laurel land dispute, Assemblyman Joe Pennacchio called on the Legislature to move eminent domain legislation he has sponsored with Assemblyman Richard Merkt and Assemblywoman Alison Littell McHose that limits the government's power to seize resident' private property.Pennacchio, R-Morris and Passaic, Merkt, R-Morris, and McHose, R-Sussex, Hunterdon and Morris, introduced
ACR-138 earlier this year that proposes a constitutional amendment limiting the exercise of eminent domain to the acquisition of land for essential public purposes only.

Yesterday, the state's high court began hearing arguments in a case in which a developer is suing the township of Mount Laurel for seizing his land to preserve open space. The township used a state Green Acres grant to acquire the land which once was a farm. The homebuilder had planned to build 23 homes on his 16 acres before Mount Laurel exercised eminent domain and took the land.

"State and local use of eminent domain must be scaled back," said Pennacchio. "It is the responsibility of this Legislature to protect New Jersey residents, whether they are homeowners or homebuilders, from this abuse of government power. Therefore, I am strongly urging my fellow legislators to move ACR-138."

The proposed amendment narrows the definition of "public purpose" in the state constitution to mean an "essential public purpose," which would limit the exercise of eminent domain to the establishment of utility and transportation corridors, educational facilities, airports, correctional facilities, solid waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities and recreational facilities.

"We can't allow the government to continue seizing the private property of our residents every time they see a nice piece of property they would like to develop or redevelop," explained Pennacchio. "It's not a matter of compensation for most of these folks. Many families are in danger of losing homes they have lived in for years and years. You can't put a price on security and memories."

If approved, the amendment would specifically prohibit the acquisition of private property by government for the clearance, re-planning, development or redevelopment of blighted areas. It would, however, permit government to continue to grant tax exemptions as incentives for private corporations to undertake redevelopment efforts in blighted areas.
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For more information, contact:
Assemblyman Joe Pennacchio/973-984-0922
Assemblyman Richard Merkt/973-895-9100
Assemblywoman Alison Littell McHose/973-726-0954
Assembly Republican Office/609-292-5339