Issues - Eminent Domain

Throughout history a government’s power to take private property through eminent domain has been limited to circumstances where the property was needed for “public use” such as for building roads, bridges, schools, or even hospitals. However, governments have increasingly abused that power and taken private property to increase property tax ratables, to build what they perceive to be “more desirable” construction, or for other self-serving purposes. New Jersey is the worst state in the country where this abuse of eminent domain is carried out, and that will end in my administration.

New Jersey is the worst state in the country where this abuse of eminent domain is carried out, and that will end in my administration.

In 2005 the Supreme Court issued its ruling in the case of Kelo v. The City of New London, where 5 justices rewrote the Federal Constitution and held that a municipality could use the power of eminent domain for “economic gain,” or increased tax ratables.

In response to the Kelo decision, an overwhelming number of states passed laws or amended their constitutions to reinforce the fact that governments cannot take a person’s property unless it is for a public use. However, New Jersey remains one of only a handful of states that has taken no action in response to the Kelo decision. Instead, New Jersey allows all governmental entities in the state to steal private property if the government thinks it can find a better use for the property.

As governor I will pose a question on the ballot so that voters can decide whether eminent domain should once again be limited to cases of a traditional public use. When I was Mayor of Bogota, I put a referendum in that regard on the ballot and it passed with 95% of the vote. I am sure the statewide question will pass with a similar result.