[HISTORY: Adopted by the Mayor and Council of the Borough
of Hasbrouck Heights 8-14-2007 by Ord. No. 2160. Amendments noted where
applicable.]
A.
Whereas, on June 23, 2005, the Supreme Court of the United States
decided the case of Kelo v. City of New London in which a majority
of the Court determined, among other things, that the "public purpose"
provision of the United States Constitution should be broadly interpreted
to effectuate legislative judgments as to what particular needs justify
the use of the power of eminent domain; and
B.
Whereas, the result of the Kelo decision was a plurality decision,
reflecting the Court's deep division on the question presented,
namely whether private residential real property may be the subject
of eminent domain in order to satisfy a public purpose such as a planned
development; and
C.
Whereas, the result of the Kelo decision was that, where there existed
a comprehensive plan of development that is deemed to satisfy the
public purpose provision of the Constitution, even though the "motivation"
for the plan might be economic development, municipalities could use
the eminent domain power to achieve the desired end as long as all
parties' legal rights were established in the process; and
D.
Whereas, the Kelo majority opinion specifically emphasized that nothing
in the decision should preclude a state from placing further restrictions
on the takings power; and
E.
Whereas, one of the issues faced by the Court was the appropriate
line between public and private property use; and
F.
Whereas, under the settled law of the State of New Jersey, the limitless
sovereign power of the state may be employed to take real property
as may be required for public safety, necessity, convenience or welfare
so long as just compensation is paid the owner, but it is for the
legislative branch of the government to determine what constitutes
a public use as to limit that broad power, with the result that the
power is to be used in a reasonable, nonarbitrary manner and not greater
than necessary to effectuate the public use; and
G.
Whereas, the Borough of Hasbrouck Heights believes that one of the
primary purposes of government is to protect the rights of owners
of residential real properties within the Borough against governmental
takings that do not have, as their goal, either:
(1)
The transfer of private property to public ownership for the creation
of, for example, a road, hospital or military base; or
(2)
The transfer of private property to private owners for the specific
purpose of making the same available for public use (e.g., railroad,
public utility or stadium) resulting in enhancement of quality of
life and promotion of the general welfare of the residents of Hasbrouck
Heights.
Be it ordained by the Mayor and Council of the Borough of Hasbrouck
Heights, County of Bergen, State of New Jersey, that the Borough shall
not employ the power of eminent domain so as to deprive owners of
residential real properties of such ownership rights in the absence
of a specified purpose:
A.
To transfer the property to public ownership for the creation of
a public use, including but not limited to a road, hospital, military
base, sewer, waterline, sidewalk, right-of-way, flood control, park,
open space, erosion control mechanism and the like; or
B.
To transfer the property to private owners for the specific purpose
of making the same available for public use.
