Another weapon in the NIMBYite arsenal

A recent court decision further empowers New Jersey municipalities to exercise control over development through the use of eminent domain. The New Jersey Supreme Court affirmed the Mount Laurel Township's right to seize land (upon which its own planning board had approved the construction of housing units), for no other reason than the potential strain on the local school system from an influx of families with school age children.

Builders throughout the state may shudder at the increased risk their planned projects now face, even if they are completely in compliance with local zoning regulations. Neighborhood crusaders such as Teaneck's own Coalition for Community Preservation, on the other hand, should be pleased that local governments cannot claim to be powerless to halt developments that are unpopular. In granting such wide discretion to municipalities to act against private landowners, the Court has strengthened the hand of well-organized community activists at the expense of individuals. This may in fact serve to protect the public good from the self-interested behavior of individuals in some cases, but it does so by placing a lot of faith in the ability of government to make just decisions under difficult circumstances.

How does this shift the balance of power in Teaneck, if at all? A development minded Council will not be able to sit idly by and claim they can do nothing in the face of community protests against particular developments. If Teaneck officials wish to halt a particular project, they can do it, and the neighborhood activists know that. Claiming to be pro-development and in favor of boosting ratables is not all that uncontroversial anymore- it may actually require sticking one's neck out and risking the ire of the voters. What a delicious irony.