At least one Realtor plans to fight the city in its attempt to condemn properties on Connaught Hill.
By: Linda Seida
LAMBERTVILLE City officials lauded the Supreme Court’s decision last week strengthening the rights of governments to employ eminent domain, which allows governments to take private land to encourage and strengthen a municipality’s economic development.
"It certainly says that everything we’re doing is legal," Lambertville Mayor David Del Vecchio said Friday, a day after the court made its decision.
In the Supreme Court’s 5-4 decision, several residents of the Connecticut city of New London lost their battle to keep their homes. New London condemned their properties to make way for riverfront development.
"New Jersey’s law is more strict than Connecticut’s," according to the attorney handling Lambertville’s redevelopment plan for Connaught Hill, Robert Roesener of Windels Marx Lane & Mittendorf of Princeton. "It requires a finding of blight before the condemnation can take place."
Mayor Del Vecchio agreed, saying in New Jersey the burden is heavier on municipalities, and the Supreme Court’s ruling simply underscores the city’s right to proceed.
"Clearly, the court said if you follow procedures and pay fair market value, you can use the power of eminent domain for public good," Mayor Del Vecchio said.
Mr. Roesener pointed out a main difference between the Connecticut case and Lambertville.
"Lambertville is not taking owner-occupied properties," he said.
On Connaught Hill, the targeted lots are either investment properties or vacant.
The attorney said the court’s action will "not have much of an effect" on Lambertville’s redevelopment plan.
"It strengthens the already justified course of action," Mr. Roesener said.
Lambertville Realtor Gene Lelie called the court’s decision "a kick in the teeth" for "the little guy."
Mr. Lelie represents the owner of several properties on Connaught Hill, which the city has targeted for condemnation and redevelopment.
The city’s redevelopment plan for Connaught Hill goes back to 2001 when the Planning Board began a redevelopment study of the area. In January 2002, the board hired planning consultant Kendra Lelie, Mr. Lelie’s daughter-in-law, to assist in preparing the redevelopment plan. Later that year, the city held public hearings on the draft plan before its adoption November 2002.
Holding up the works are the murky titles of many of the lots.
Resident Harry Buchanan owns several lots and holds the tax liens on others. He and his family have hired a series of attorneys over the years to try to clear title and gain ownership.
Mr. Buchanan, 79, had planned to use the land investments as a means of support in his senior years, his daughter, Harriet Canik of Ringoes, has said. Mrs. Canik is her father’s spokeswoman in dealings with the city. She and her husband, Joe Canik, are away on vacation and could not be reached for comment.
The family’s Realtor, Mr. Lelie, decried the recent court decision.
"I think the little guy is going to get stabbed in the back by the big guy," Mr. Lelie said. "I hate seeing the big guy kicking the little guy in the teeth. I’m incensed about the whole affair. I think it smells. It’s where the big guy gets to shaft the little guy and make money off the little guy’s back."
Mr. Lelie added, "I certainly can’t fight the Supreme Court, but I’m going to make the city’s life as miserable as possible with regard to taking people’s land."
The Buchanan family recently received an offer for three of the lots on the hill, totaling about $267,000 or about $89,000 each, according to Mr. Lelie. Each lot is approximately 25 feet wide by 125 feet deep.
Three of the smaller lots are needed to make one larger, buildable lot of 75 feet wide by 125 feet deep. One of the smaller lots has sewer line access. None of the three lots has a well.