--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> So Mccloud gets $220,000. To bad they had to drag him out of his house.
> This is a case where the CITY caused blight and therefore set the
> value of his home. Had the city not boarded up these other homes, then
> an appraiser would not state that in his report, right Dan?
>
1. NJ communities are some of the largest abusers of the power of
eminent domain.
2. Jury trials suck and typical jurors don't have a clue. However,
considering the quality of judges in Monmouth County, it is kind of
like choosing to put the shotgun in your mouth or up your ass.
3. Properties subject to condemnation for a project must appraise the
properties ABSENT any effect of the project. That means both increases
and decreases in value. It depends why the blight was created. Was it
because the properties were subject to being taken? That would be
blight caused by the project and should not be considered. If it was
non-project blight caused by failure of the city, well that is
something else that can be considered by the letter of the law. Should
it though?
As the dissents in the Kelo decision suggested, the remedy for
"blight" when it involves dilapidated properties, is the police powers
(code enforcement, etc.) and not eminent domain.
Then post-Kelo there is the movement to more precisely define "blight."
NJ communities' use of eminent domain borders on the criminal. It
appears that it may continue in Monmouth County however.
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