DENNISVILLE – Dennis Township Committee took the first step to limit its condemnation powers.
The governing body introduced an ordinance March 21 that would prohibit it from acquiring property for a commercial purpose.
A 2005 decision by the U.S. Supreme Court allowed a municipality in another state to take private property for the use of commercial redevelopment through its eminent domain powers despite property owners’ objections that prompted a lot of local debate here even before the November campaign.
That’s because residents still have bitter recollections over the farm property purchased for the Primary School on Hagan Road, even though it was not acquired through condemnation.
The ordinance provides: “Plainly put, Eminent Domain will not be employed when the land in question is to be used for a commercial enterprise.”
It also sets forth the specific procedure for the committee and “political subdivisions including the Board of Education” to follow to exercise eminent domain power.
One of those requirements is that the property owner must first be offered the opportunity to sell the property to the township for “a fair and just compensation,” which must be established by an independent appraiser with at least 20 years experience.
The purchase price must reflect the value of the property at “its highest and best use.”
If that fails, the ordinance mandates an open hearing on the “public emergency” that requires acquisition of the property and a unanimous committee vote to approve purchase.
The property owner would have unlimited access to address the committee at that hearing.
During the election campaign that put Democrats Dennis Crippen and Brian O’Connor on committee, Republican candidate Larry Lapidus charged them with picking up his idea of passing this type of ordinance and trying to sell it to voters as their own.
Lapidus last week congratulated committee on a “great job” for introducing the law, which was the result of the combined efforts of Crippen, O’Connor, and Republican Committeeman Edward Beck.
Lapidus asked about protecting the law from repeal by future governing bodies, or requiring a unanimous vote to repeal it.
“What can be done by ordinance can be undone, what can be done by resolution can be undone,” said Jeffery April, township solicitor.
The committee, which is deemed to serve for one year, cannot bind a future committee, said April.
The public hearing and final adoption of the ordinance is scheduled for the April 11 meeting, which starts at 6:30. Copies of the ordinance can be reviewed or obtained from the township clerk.
Contact Cote at (609) 886-8600 Ext 31 or: ccote@cmcherald.com