Mayor's Message About the Eminent Domain Process

Eminent domain is the power to acquire private property for public purposes, which is expressly authorized under the United States and New Jersey Constitutions. The term is sometimes used interchangeably with ‘condemnation’, which is the process created by the state legislature by which a municipality exercises its eminent domain power to acquire private property for fair-market value. Redevelopment is recognized under both the State Constitution and Statutes as a public purpose for which the power of eminent domain may be used. Since the topic is being debated in conjunction with the Courthouse Square redevelopment project, this article provides an overview of how the process works, and specifically how it applies in the downtown Flemington redevelopment area.

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