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Long Branch, NJ Eminent Domain

City of Long Branch v. Gregory P. Brower

Across the United States, local governments are using the power of eminent domain to seize private homes, businesses and farms in order to transfer property to other private owners for their private use.  More often than not, governments justify these private-to-private transfers by claiming that the property is “blighted” and will be “redeveloped” by the new owner thereby supposedly creating more jobs and taxes.

As is the case in Long Branch, N.J., however, the definition of “blight” has become so broad and unprincipled that governments regularly target perfectly fine homes in ordinary neighborhoods for the wrecking ball.  Nice homes with spectacular oceanfront views in vibrant neighborhoods can be condemned for reasons like “diversity of ownership,” meaning that each home is owned by a separate family—something that should be a point of pride for Americans rather than an excuse to take what rightfully belongs to a homeowner.  If owning your own home means your house is blighted, whose house isn’t blighted?

The Institute for Justice is representing Long Branch homeowners who are fighting their City’s effort to forcibly take their homes and hand the land over to private developers who plan to make tens of millions of dollars building upscale condos for the wealthy. 



Essential Background

Images

Backgrounder: Eminent Domain Abuse in Long Branch, N.J. City Seeks to Kick Out Middle Class Along Oceanfront To Make Way For the Rich

Client Photo - none available

Client Video - none available

Latest Release: N.J. Homeowners Fight Eminent Domain Abuse Wednesday Before State Appeals Court (May 13, 2008)

Legal Briefs and Decisions

Launch Release: Long Branch Homeowners Take Fight Against Eminent Domain Abuse to Appeals Court (August 30, 2006)

Amicus Brief: New Jersey Public Advocate Ronald Chen

Case Timeline

Filed Lawsuit:

IJ complaint filed: August 30, 2006

Condemnation Actions Filed:

TBD

Court Filed:

TBD

Decision(s):

none available

Current Court: 

TBD

Status:

none available

Next Key Date:

May 14, 2008 (10:30 a.m.) Oral Argument before the Appellate Division in Trenton, N.J.

Additional Releases

Maps, Charts and Facts

Release: Long Branch Homeowners Ask Appeals Court To Overturn Condemnation of their Homes (February 8, 2007)

Book: Opening the Floodgates; Eminent Domain Abuse in a Post-Kelo World

MAP: Eminent Domain Legislation Status for each State Nationwide

MAP: State Supreme Court Rulings On Eminent Domain for Private Development

IJ’s first-ever nationwide census of eminent domain abuse:  Public Power, Private Gain

Op-eds, News Articles and Links

Article: Fighting Long Branch’s Outrageous Actions, Liberty & Law (April, 2006)

Article: Blight? Same Story Different Town, Liberty & Law (October, 2006)

Article: Fighting Eminent Domain Abuse in Long Branch, NJ, Liberty & Law (June 2006)

Article: Atlanticville-Yes, Mr. Mayor, you can save MTOTSA (April 20, 2006)

Article: Asbury Park Press-Challenge ready in Long Branch (March 23, 2006)

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