Perth Amboy, N.J.—Today, Judge Benjamin Bucca Jr. vacated a blight designation by Perth Amboy, New Jersey, against properties owned by Honey Meerzon and Luis Romero. Blight designations are often used to justify taking property using eminent domain, usually to indicate properties in disrepair that the government wants to seize for redevelopment. But, as today’s ruling shows, their properties weren’t blighted at all. Honey and Luis teamed up with the Institute for Justice (IJ) to challenge the bogus blight designation.
“Today’s ruling means the government can’t take away your livelihood just because they want to give it to someone else,” said Honey.
Honey and Luis come from different backgrounds but have many things in common. Their parents both fled oppressive government regimes in search of a better life for their children. They both worked hard over the years to build successful businesses, and they both hope to leave a legacy for future generations. Luis and Honey own properties right next to each other in Perth Amboy, New Jersey. Honey owns a rental property that houses four families, and Luis runs a successful tire and auto repair shop. Perth Amboy wanted to take the two properties for no other reason than it wanted different businesses instead.
“Today’s ruling means that the Court saw this ‘blight’ determination for what it was: a city’s naked attempt to take private property from hard-working people for no reason other than it would prefer something else in its place,” said IJ Attorney Bobbi Taylor. “New Jersey law does not allow them to do so.”
Perth Amboy claimed these properties were blighted to justify taking them through eminent domain. But, in New Jersey the government must come forward with substantial, credible evidence of conditions like “dilapidation,” “obsolescence,” “overcrowding,” or “faulty arrangement or design.” But there was no evidence that Honey and Luis’ properties met these criteria.
As Judge Bucca said in his order, “[Perth Amboy] failed to provide substantial, credible evidence to support the designation under any applicable statutory criteria, instead relying on speculative assertions, generalized concerns, and incomplete or unreliable evidence.”
Honey and Luis’s case is just the latest instance of local governments abusing their eminent domain power by twisting the definition of blight. IJ is also currently defending property and business owners fighting bogus blight designations in Mississippi, and Missouri, and homeowners in Georgia who are being threatened with eminent domain for a private railway.
“Government officials are always eager to seize people’s hard-earned property in order to give it to somebody they like better,” said IJ Deputy Director of Litigation Robert McNamara. “Fortunately, as today’s ruling illustrates, IJ always stands ready to stop them.”