N.J. Court Deals Blow To Eminent Domain

MOUNT LAUREL, N.J. — In a victory for private property rights, the state Supreme Court ruled yesterday that local governments can't seize land against the owner's wishes simply because the property is underused.

The court ruled unanimously that only "blighted" areas are authorized under the state Constitution, and that the Legislature did not intend for eminent domain to be used when the sole basis is that the property is "not fully productive."

Government watchdogs have argued for years that eminent domain is being used too liberally by governments nationwide to advance development.