--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
 
> 
> It is my recollection that 
> the city cannot condemn any property within the redevlopment area 
> without Asbury Partners' approval. I think you said that does not 
> include the beachfront, pavillions, CH, Casino, etc. I think, like 
> everything in the agreement (and that's the problem) that that is
> not clear. 

>From the 'Deal':

17.2 No Condemnation/Without Consent

The City agrees not to condemn or take title by exercise of its
eminent domain powers any portion of the Boardwalk Area or Prime 
Renewal Area without Master Developer's consent.

This appears to be unenforcable for logical and public trust reasons -

The City has Eminent Domain Rights anywhere it wants under certain 
conditions such as building public facilities, roads, utilities, etc.
 
If this clause were enforced the City could be prevented from
building or expanding vital services for the taxpayers at the whim of 
the MD.

That clause puts the MD in a higher level of control than the City 
Government itself.

OH, Now I Get it !!  :-)

Werner






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