Wed, Sep 02, 2009
Case Not Fully Resolved, Must Go To Open Trial
Solberg Airport has won a significant battle against Readington
Township's attempt to take land in the airport's safety zone by
eminent domain, a move some say would destroy the airport.
Opponents of the move, including an organization called "Aeroblue",
say the eminent domain claim is being used to prevent federal and
state approved transportation improvements intended to protect
public safety and improve interstate commerce.
The court found that sufficient state law exists to preclude
unilateral municipal control over transportation improvements. The
67 page decision does not resolve the case, but requires a full
trial decision. It also requires the township, not the airport
owners, to pay the property taxes owed when the township suit
'took' legal possession in 2006.
While the Courts decision in this case confirms Solberg
Airports' Role in the state transportation system, there is no
legal protection under traditional "Interstate Commerce" law to
protect private investment and improvements against unreasonable
municipal interference.
The land
marked for condemnation is in the airport's safety zone, and
privately owned by the Solberg family which has operated the
airport since 1941. The appeals panel wrote in the decision "while
there is no evidence that the township will use defendants'
property for any purpose other than an airport and open space,
there is formidable evidence that the condemnation was initiated to
thwart airport expansion. As the operation and control of airports
are legitimate activities in which the state has a considerable
interest, the township's unilateral efforts to restrict those
activities can amount to bad faith."
The township had tried to purchase development rights at the
airport and surrounding land from the family for $21.7 million, but
the family said the property was not for sale. It was then that the
township filed for taking by eminent domain. Supporters of the
taking say the Solbergs want to lengthen the runway and make
improvement to accommodate jet traffic, but the Solbergs say on
their website the improvements are simply for safety, and normal
for any growing business.
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