Eatontown City Zoning Code
ARTICLE XXIII
Eminent Domain Policy
§ 89-126 Findings.
A.
The Supreme Court of the United States, in the case of Kelo et al. v. the City of New London et al., 545 U.S. 469 (2005), held that the taking of private property for economic development is a legitimate public purpose for the exercise by a municipality of the power of eminent domain.
B.
The Borough views the private property rights of its residents in their homes to be paramount to the use of eminent domain for the purpose of private economic development.
C.
The Borough desires that its residents be free of any concern, no matter how remote, that their homes will be taken through the power of eminent domain for transfer to another private party for economic development.
§ 89-127 Limitation on use of eminent domain in redevelopment areas.
No legally occupied residential dwelling located within an “area in need of redevelopment” designated in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., in the Borough that conforms to all applicable Borough housing and maintenance codes shall be taken by the Borough, or any of its agencies, boards or commissions, by eminent domain for conveyance to another private party for the purpose of economic development.