Green Acres Ain’t the Place to Be
Can’t win ‘em all.
In 2005, the Supreme Court’s Kelo decision argued that it is constitutional for governments to grab private property even if not intended for strict “public use.” Governments could, if they wished, prefer one private use over another, call it “public,” and grab the property to give (or sell) to the favored party.
Widespread anger over Kelo led to legislation and ballot measures to rein in the eminent-domain abuse. Friends of property rights have enjoyed some successes, including several initiative victories this November. But there have also been setbacks. For example, the New Jersey Supreme Court has just ruled that it’s okay to seize land from those developing it in the name of holding on to the environment. And it doesn’t matter if development has already been approved by regulatory officials.
In the case before New Jersey’s high court, that was the situation. Michael Procacci Jr. had received approvals to build a couple dozen family homes in Mount Laurel. But within a month the town condemned the property, and used funds from something called a “Green Acres grant” to grab the land for itself.
Green Acres is a New Jersey state program to purchase and preserve “open spaces” for the enjoyment of persons from whom the spaces have not been stolen. Somehow I don’t think that after the government has just punched you in the gut, you’re inclined to amble around parks and lakesides with a blade of grass between your teeth and a song in your heart.
This is Common Sense. I’m Paul Jacob.
