No Eminent Domain in McGinley Square

PETITION TO JERSEY CITYS CITY COUNCIL
REQUEST TO REVISE RESOLUTION 11-455

We the undersigned voters of Jersey City and residents of New Jersey respectfully order the following changes be made to Resolution 11-455 at the next City Council Meeting on August 10, 2011 prior to its vote on the issue:

NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City that the recommendation of the Planning Board be, and hereby is accepted, and that the McGinley Square East Study Area be, and hereby is, declared to be "an area in need of rehabilitation" pursuant to NJSA 40A:12A-14. The city prohibits the use of eminent domain to condemn private property in the study area.

These changes aim to:
1) Declare the 5 blocks included in the study as an area in need of REHABILITATION, and not an area in need of REDEVELOPMENT AND REHABILITATION; and
2) Prohibit the use of eminent domain in pursuit of any rehabilitation or redevelopment plan in McGinley Square East now or at any time in the future.

Why are these changes important to your constituents? The existing resolution aims to declare the McGinley Square East Study area as an area in need of REDEVELOPMENT and an area in need of REHABILITATION. This allows the city to invoke its power of eminent domain any time after the resolution is passed, even if no acquisition list is included in the redevelopment plan. The homeowners in the McGinley Square East area will never be fully protected against eminent domain unless you make these changes to the resolution.

We do not oppose rehabilitation because we support improving the area. We simply reject redevelopment because it gives the city the power to use eminent domain now or at any time in the future. Both declarations of redevelopment and rehabilitation give the city the power to make zoning changes and offer financial incentives to developers. However, only a declaration of redevelopment gives the city the power to use eminent domain. The proposed redevelopment plan for the area clearly shows that the citys use of eminent domain now or at a future date is for the benefit of a private developer rather than traditional public use, such as schools and roads. This is an abuse of the power of eminent domain. Redevelopment is Eminent Domain in disguise.