The case involves Mount Laurel, in Burlington County, where thetownship used eminent domain to take over a 16-acre piece offarmland targeted for residential development. On the site,developer Michael Procacci Jr. of the Medford, NJ-based MiPro Homeshad proposed 23 single-family homes. The development was consistentwith zoning, the developer had his approvals in place and had begunsite and utility work when the township, with a Green Acres grantin hand, used eminent domain to seize the property for preservationas open space.

"The citizens [of New Jersey] have expressed a strong… publicinterest in the acquisition and preservation of open space," thecourt wrote in its four-page decision. That written decision addedthat the goal of limiting development is consistent "with themotive driving the public interest in open-space acquisition."

The sole dissenter in the vote was Justice Roberto Rivera-Soto,who wrote that the township gave "after-the fact explanations ofthe public-policy basis [for the use of eminent domain]." He alsosaid that the developer should be compensated not only for thevalue of the property, but also for "the potential profits" of theproperty.

Want to continue reading?
Become a Free ALM Digital Reader.

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 1 free article* every 30 days across the ALM subscription network
  • Exclusive discounts on ALM events and publications

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.