Jim Ettelson

WILL THE NJ RULE AFFECT EMINENT DOMAIN NATIONALLY?

Jim Ettelson is a partner in the corporate and real estate practice of Thorp, Reed & Armstrong. He is based in Philadelphia.

The bulk (57%) of respondents to last week’s Feedback Poll don’t like the scent in the wind since New Jersey’s recent ruling limiting eminent domain. As Eric Peterson reported, the Court drew the line at takings because a parcel was “underutilized.” While the majority is convinced that, as the question was posed, the industry will pay in the long run, 43% believe it’s an isolated incident. Commentator Ettelson doesn’t buy into that theory. He says there’s going to be dialog on a national basis–and the ruling could help both sides of the issue. Here’s why: