WHAT ARE YOUR VIEWS ON EMINENT DOMAIN?

Eminent domain is a highly charged topic in the real estate industry, but commentator Timothy Duggan, chair of law firm Stark & Stark's condemnation group, as well as many respondents to this week's poll, took a moderate position on the subject. About 73% replied that eminent domain is necessary only in certain cases. Seventeen percent of respondents believe eminent domain has no place in modern society, and only 10% believe it's a great, important tool. Here are Duggan's thoughts on the subject:

"You have to look at two types of development here: one is economic redevelopment and the other is public projects like schools and roads. In New Jersey, the courts have gone too far in allowing various types of economic redevelopment projects to be approved, which entitles the municipalities to use the powers of eminent domain. The pendulum has swung too far in favor of the government allowing the taking of private property for economic redevelopment projects. If eminent domain was limited to truly blighted areas, I wouldn't have a problem with it. When this power gets too expanded, then it becomes abusive.

"In terms of public projects, the legislature has to make improvements on relocation benefits and the compensation paid to people. The benefits haven't been looked into in years. Some of the values go back to 1971, and it doesn't really allow the property owner to become whole. The legislature has to be provided with specific details of people who have ended up on the short end of the stick in the relocation scenario.