--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> 
wrote:
> --- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> 
wrote:
> > --- In AsburyPark@yahoogroups.com, "Skip Bernstein" <[EMAIL PROTECTED]> 
wrote:
> > > What's The Fish gonna do; steal the Pony from himself?
> > >
> > 
> > Sorry, I looked into it already, the city can't condemn any 
property 
> in 
> > the waterfront without Asbury Partners, permission.
> 
> Just some clarification. The only entity that can exercise the 
power of 
> eminent domain is the City. They do not need the permission of 
anyone. 
> The process is that Asbury Partners makes a request of the City to 
use 
> that power.


Werner, I respectfully disagreee with the need of consent of Asbury 
Partners. Clearly, the city is the one with the power of eminent 
domain and only they can exercise it. However, I beleive that the 
agreement states that the city agrees only to condemn property in 
the waterfront at the request of Asbury Partners. Thus, I think it 
is tantamount to requiring its consent. If it were not so, the city 
could have sold the development rights to Partners an then condemned 
them back. I had looked into this in regard to getting back our 
historic structures. I don't think they condemn Partners' properties 
in the waterfront area.





 
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