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Kevin
The Green folks are saying the "Open Space" bond act does not allow the
state to use eminent domain You and I know it is always local
governments that ue this power. Their fraud is exposed with this simple
rule.
You cannot trust your government
This pdf (http://www.state.nj.us/dep/greenacres/regs.pdf) outlines the
Green Acres Program rules. Page 14 reads as follows:
7:36-4.9 Acquisition by condemnation
(a) A local government unit may use Green Acres funding
to acquire land by condemnation in accordance with the Eminent Domain
Act of 1971, N.J.S.A. 20:3-1 et seq.
This means the exception contained in the following paragraph DOES NOT
apply to local governments.
Acquisition or acquire means the obtaining of a fee
simple or lesser interest in land, including but not limited to a
development easement, a conservation restriction or easement, or any
other restriction or easement permanently restricting development, by
purchase, installment purchase agreement, gift, donation, eminent domain
by the State or a local government unit, or devise; except that any
acquisition of lands by the State for recreation and conservation
purposes by eminent domain shall be only as authorized pursuant to
section 28 of P.L.1999, c.152 (C.13:8C-28).
It also raises questions as to whether local governments will be able to
use eminent domain under the Blue Acres program.
c. The State shall not utilize the power of eminent
domain in any manner to acquire lands utilizing funds made available
pursuant to the Blue Acres bond program; such lands shall be acquired
only from willing sellers.
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