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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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borisp wrote:
It doesn't "smell", it is a violation of the US Constitution. The Fifth amendment allows taking for "public use", not for resale to another private entity.

Nowadays any private person who wants some property but doesn't want to pay the full price that would entice the current owner to sell can simply force the sale at a cheaper price, - by working through some city or state government. And, like in Kelo, the government taketh from the weaker and less affluent and giveth to the rich[er] ones.

Nice.

Anybody wants to remind me the names of the US Supreme court justices who blessed this robbery into existence in "Kelo" decision?
It's pretty common to see city governments take property by eminent domain and then sell to a private developer though, so long as that development's in the public interests. It's what happened at Barclay's Center, and what NJIT has been trying to do in Newark for a decade.

But this is a little different. Saying you'll be using it for one thing, then canning that plan and just putting it on the market is a real scummy move. Scummier than eminent domain already is.

Posted on: 2014/5/30 13:50
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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It is too bad that it took a ward council member to acknowledge this indecency and he is not even in the ward of this property location. I wish the at-large councilpersons would get more involved on these public issues besides just voting on them. Now can we get some of these past winter potholes filled please.

Posted on: 2014/5/30 13:48
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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The Supremes held that the Constitution allows the use of eminent domain for economic development purposes. But that is obviously subject to great abuse and has caused a great deal of backlash. What it means is that a citizenry has to be engaged and insist that the government only use it's eminent domain power responsibly.

I don't know all the details about the transaction, but on its surface it seems grossly unfair.

The whole thing with the police academy is a red herring. Boggiano has, even before he was elected, decried that the city shut down its own police academy and relies on the state to train officers. But at the very least it would be a public purpose.

And we could have cool instructors like this guy....

https://www.youtube.com/watch?v=V8RaHB18ckM

Posted on: 2014/5/30 12:26
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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brewster wrote:
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The process is supposed to be at full market value, not whatever the gov't wants to pay. But corruption can have it's way...


Didn't the City want to buy the Golden Cicada bar a number of years back at half it's market value, just so St Peter's prep could make their football field full-size? I remember thinking that was an insane abuse of power at the time.

Posted on: 2014/5/30 4:12
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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borisp wrote:
Nowadays any private person who wants some property but doesn't want to pay the full price that would entice the current owner to sell can simply force the sale at a cheaper price, - by working through some city or state government.


The process is supposed to be at full market value, not whatever the gov't wants to pay. But corruption can have it's way. In fact it can inflate the price for an owner who wants to sell and has the juice. A memorable passage in "The Power Broker" answered the mystery that occurs to anyone who travels the Manhattan leg of the Triboro Bridge: Why does it travel a mile north to land at 125th rather than straight across to 106th? The answer is that William Randolph Hearst owned the land at 125th and insisted it be bought at premium price or he would use his papers to destroy the bridge project of Robert Moses.

Posted on: 2014/5/30 3:57
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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Binky wrote:
AP
updated 6/29/2005 2:17:32 PM ET

WEARE, N.H. ? Following a Supreme Court ruling last week that gave local governments more power to seize private property, someone has made what appears to be a tongue-in-cheek pitch to take over Justice David Souter's New Hampshire farmhouse and turn it into a hotel.

The rest of the story.


Perhaps JC could do something similar and convert 109 Ferry St into a rehab clinic?

Posted on: 2014/5/30 3:52
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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AP
updated 6/29/2005 2:17:32 PM ET

WEARE, N.H. ? Following a Supreme Court ruling last week that gave local governments more power to seize private property, someone has made what appears to be a tongue-in-cheek pitch to take over Justice David Souter's New Hampshire farmhouse and turn it into a hotel.

The rest of the story.

Posted on: 2014/5/30 3:44
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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brewster wrote:
End times are near, I actually agree with Boggiano & Yvonne! If condemned property is unused for public purpose as is the case, it should be offered back to the owner at the price paid for it. In this case it's partial, but that just means an appraiser should be hired to determine what the portion's value was at the time of seizure. The owner is right that taking it from him and selling it to the competition smells.


It doesn't "smell", it is a violation of the US Constitution. The Fifth amendment allows taking for "public use", not for resale to another private entity.

Nowadays any private person who wants some property but doesn't want to pay the full price that would entice the current owner to sell can simply force the sale at a cheaper price, - by working through some city or state government. And, like in Kelo, the government taketh from the weaker and less affluent and giveth to the rich[er] ones.

Nice.

Anybody wants to remind me the names of the US Supreme court justices who blessed this robbery into existence in "Kelo" decision?

Posted on: 2014/5/30 3:10
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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Local governments have unfortunately been doing this more and more. Using Eminent Domain to take private property in order to sell it to another private entity that has development plans that finically benefit the City, to the detriment of private property owners and businesses. These actions undermine property ownership and the security of investment.

This is exactly what ended up happening when the JCRA moved to open the property for redevelopment. Mondry filed suit and now it's up for auction. JC forced him to sell his property and his operating storage facility and nowJC wants to flip it to the highest bidder (or contributor). Legal or not, Mondry got screwed.

Posted on: 2014/5/30 2:53
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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End times are near, I actually agree with Boggiano & Yvonne! If condemned property is unused for public purpose as is the case, it should be offered back to the owner at the price paid for it. In this case it's partial, but that just means an appraiser should be hired to determine what the portion's value was at the time of seizure. The owner is right that taking it from him and selling it to the competition smells.

Posted on: 2014/5/30 0:54
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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Wasn't this seizure during Healy's term in office - Once its seized that's it you've lost it - Just like Bank repossessions or foreclosures, they own it onced its seized - you would have been given the opportunity to stop the seizure before it became final.

Like everything in life - The legal issue overrides the moral issue.

Posted on: 2014/5/30 0:08
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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In the past government only took private for public good. If the city is not using the property then why should the city hold on to it? A public good might be a school, park, or even a police academy. The city should not be in the business of grabbing land unless it is really necessary.

Posted on: 2014/5/30 0:01
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Re: Jersey City councilman wants to halt sale of city property seized by eminent domain
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So, wait. It's a moral issue to return the property, which the city paid for, but it's also OK to use it for a police academy? How does that work?

Posted on: 2014/5/29 23:45
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Jersey City councilman wants to halt sale of city property seized by eminent domain
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Jersey City councilman wants to halt sale of city property seized by eminent domain

By Terrence T. McDonald/The Jersey Journal
May 28, 2014 at 7:12 PM

A Jersey City councilman is calling on Mayor Steve Fulop to halt the sale of city property seized by the previous administration via eminent domain.

Fulop's plan calls for the property, a 64,622-square-foot building at 15 East Linden Ave., to be sold at auction next month. The city expects to receive $4 million for the one-story building.

Ward C Councilman Rich Boggiano said he wants the plan pulled from the agenda for tonight's council meeting, saying the property should either be kept for a new police academy or given back to its former owner.

"It's a moral issue, to return it to the person who had it," Boggiano said.

City spokeswoman Jennifer Morrill said the city will not consider handing the property back to its former owner, John Mondry, who ran Liberty Storage on the site until the city seized it in 2011.

Read more from the Jersey Journal

Posted on: 2014/5/29 22:25
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