Builders League of South Jersey Opposes NJ Supreme Court Decision on Property Rights in Mount Laurel v. MiPro Homes.CHERRY HILL Cherry Hill, township (1990 pop. 69,319), Camden co., W central N.J.; name was changed from Delaware township to Cherry Hill in 1961. Largely residential, Cherry Hill has been marked by great development and housing growth, especially since the 1970s. , N.J. -- Every property owner in the state should be alarmed that the New Jersey Supreme Court decided today that government has the right to take ownership of your land under the guise Guise (gēz, gwēz), influential ducal family of France. The First Duke of Guise The family was founded as a cadet branch of the ruling house of Lorraine by Claude de Lorraine, 1st duc de Guise, 1496–1550, who received of preserving open space, whether you want to sell it or not, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the Builders League of South Jersey. The Supreme Court decision in the case of Mount Laurel Laurel, cities, United States Laurel. 1 Town (1990 pop. 19,438), Prince Georges co., central Md., about halfway between Washington, D.C., and Baltimore; patented in the late 1600s, inc. 1870. Township v. MiPro Homes, L.L.C. (http://www.judiciary judiciary Branch of government in which judicial power is vested. The principal work of any judiciary is the adjudication of disputes or controversies. Regulations govern what parties are allowed before a judicial assembly, or court, what evidence will be admitted, what .state.nj.us/opinions/supreme/A-85-05.pdf) held that municipalities have the right to condemn To adjudge or find guilty of a crime and sentence. To declare a building or ship unsafe for use or occupancy. To decide that a navigable vessel is a prize or is unfit for service. property for open space and that selecting properties where residential development is planned and already approved is a proper use of the power of eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in . "Whether you are a farmer, homeowner, cemetery developer, school, private foundation, builder or any other business owner, if you own property in New Jersey you are not immune from having the ownership of your land taken by force to preserve open space, whether there is a true plan for it or not and whether you are willing to sell it or not," said Richard S Ri·chard , Joseph Henri Maurice Known as "Rocket." 1921-2000. Canadian hockey player. A right wing for the Montreal Canadiens (1942-1960), he led his team to eight Stanley Cup championships and was the first player to score 50 goals in a . Van Osten, executive vice president of the Builders League of South Jersey. "This decision strips your right to own your own property. This should be a concern for every citizen in New Jersey. We can't plan our future on the ownership of our own property." The Builders League of South Jersey was a co-defendant with MiPro Homes in the lawsuit. "The law of public opinion just told all New Jersey landowners that if you are developing anything anywhere in this state or own anything anywhere towns can take your property under the guise of preserving open space or creating recreational opportunities," said Van Osten. "This is not an open space issue or an environmental issue. It is a property rights issue. There is no ability of private parties to rely on the planning laws and statutes in place in New Jersey." MiPro Homes did everything it was legally supposed to do. The company had proposed building 23 homes for families in an area of Mount Laurel Township where other families already live. MiPro followed every step of the New Jersey Municipal Land Use Law. Nearly five years and hundreds of thousands of dollars were spent seeking the approvals and permits necessary to build. Once the company had final approvals from the Mount Laurel Planning Board Noun 1. planning board - a board appointed to advise the chief administrator advisory board governance, governing body, organisation, administration, brass, establishment, organization - the persons (or committees or departments etc. and began clearing the property for utilities the township officials decided that they wanted to preserve this property - at an intersection of Elbo Lane that is not connected to any other open space, recreation, or environmentally sensitive lands. "This court decision just gave municipalities the green light to say 'Families with children are not welcomed here,'" Van Osten said. "Property owners and businesses cannot rely on this state anymore." ABOUT THE BLSJ: The Builders League of South Jersey is a housing industry trade association of builders, developers, suppliers, subcontractors, lenders, consulting professionals and others involved in providing residents with places to live and work in South Jersey. The Builders League is committed to promoting balanced solutions for solving New Jersey's housing needs while planning for preservation, environmental protection and economic growth. |
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