WHAT THE PAULSBORO DECISION MEANS

By: Hank Butehorn

The New Jersey Supreme Court issued its ruling in Gallenthin Realty Development, Inc. v. Borough of Paulsboro, on June 13, 2007. The Court found that government cannot seize someone’s land merely because the land is “not fully productive.” While the ruling has been discussed as a victory by some property rights advocates, the decision actually raises three points, reiterates the need to reform New Jersey eminent domain law, and highlights the need for a constitutional amendment limiting the government’s power to take a person’s property.

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