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.

FMI: www.judiciary.state.nj.us/opinions/a3083-07a1537-08.pdf