The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle

This week, The New York Times reported that the town of Toms River, New Jersey, is moving to condemn the Christ Episcopal Church through eminent domain to build pickleball courts and a park. Church members claim that the move was retaliation for a planned homeless shelter at the site. The case could raise one of the most infamous cases of the modern Supreme Court in Kelo v. City of New London (2005). While some have suggested the possibility of a Kelo 2.0, this may not be the ideal case for such a challenge to the Supreme Court.

The church, founded in 1865, would be seized with 11 acres of land for 10 pickleball courts, a soccer field, and a playground with a nautical theme. The move follows months of heated debate over the church’s plan for an affordable housing nonprofit on the site. However, Mayor Daniel T. Rodrick insisted that the timing is a pure “coincidence.”

The case could put the Court in a pickle in forcing a reconsideration of Kelo. I have long been a critic of Kelo and have raised various cases that might be used to reverse the ill-considered precedent. The Court has steadfastly refused to do so.

Many expressed outrage at the actions of the city leaders of New London, Connecticut, when they used eminent domain to seize the property of citizens against their will to give it to the Pfizer corporation.

This anger grew with the inexplicable decision of the Supreme Court in Kelo to uphold the abusive action. After all the pain that the city caused its own residents and the $80 million it spent to buy and bulldoze the property, it came to nothing. Pfizer later announced that it was closing the facility — leaving the city worse off than when it began.

I will not repeat my fundamental disagreement with the interpretation of the eminent domain power. For my prior testimony on the Kelo decision, click here.

There is a critical difference in this case, and I would have preferred some other cases to be the vehicle for review. The biggest difference is that this would be a more classic use of eminent domain, utilizing the property for the public purpose of a park.

However, the case does raise the question of a pretextual rationale for the use of eminent domain. Again, it is not clear whether this action will result in land being handed over in part to a private developer or business.

In the end, the pretextual aspect is interesting but does not offer a clean shot at Kelo. The public use of a park distinguished the pickleball courts from the Pfizer facility. That does not mean that this is not a worthy or major case. There are ample reasons to be concerned about the actions in this case if they are a form of retaliation for the church’s shelter plan. It just may not be the rematch that many of us have been waiting for on the question of eminent domain.

Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School, where he teaches a course on the Supreme Court and the Constitution.

204 thoughts on “The Eminent Domain Racket: New Jersey Move to Condemn Church Could Put Court in a Pickle”

  1. The right to private property was qualified by the Framers’ provision of the “just compensation” clause, and no further qualification is possible or licit.

    The right to private property is absolute, inviolable, and essential to American freedom.
    _______________________________________________________________________________________________

    “[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”

    – James Madison
    _____________________

    “The theory of Communism may be summed up in one sentence: Abolish all private property.”

    – Karl Marx
    ______________

    5th Amendment

    No person shall be…deprived of…property…nor shall private property be taken for public use, without just compensation.

  2. #9. Well what is funny is that if this were the First A.M.E. Church, or the Bethel African Methodist Episcopal (AME) Church, to name but two, then would this even be a conversation?

  3. Church members claim that the move was retaliation for a planned homeless shelter at the site…..The move follows months of heated debate over the church’s plan for an affordable housing nonprofit on the site.

    Clearly the town of Toms River, New Jersey, wasn’t moving to condemn the Christ Episcopal Church through eminent domain because of their evangelization of Jesus Christ. The “church” website says nothing about the Gospel of Jesus Christ, Christiain Theology, salvation and redemption, nor resurrection of Jesus Christ. Nothing. The church website only offers biographies of the leadership under the “About Us” page, and they’re lucky if anyone stays on the page for more than 15 seconds. It is ghastly:

    https://www.christchurchtomsriver.org/about-us/

    The Reverend Lisa A. Hoffman, Rector

    I was ordained as a Priest in the Diocese of New Jersey on June 30, 2011, following my graduation with a Master of Divinity from the Virginia Theological Seminary earlier in the spring. …. While serving at Church of the Ascension, I was very active in their many justice ministries including LGBTQ advocacy, racial equality, and prison reform

    No wonder the town of Toms River went after them. As it is, the Episcopal Church stopped being Christiain decades ago.

    1967 and the Unraveling of the Episcopal Church

    I am a former Episcopalian. But, as I have described in The Christ Church Stories, the Episcopal Church embraced a theology of progressive liberalism and thus a trajectory of precipitous decline. Looking back over the data and the dates of my involvement, from my early preteen years to our departure from TEC in 2006, I can see it more clearly now. In its quest to become relevant, the Episcopal Church became indistinguishable from the culture it once sought to reach. And thus, it became irrelevant. Faithfulness makes a church relevant. Relevance, pursued for its own sake, makes a church unfaithful.

    https://davidroseberry.substack.com/p/1967-and-the-unraveling-of-the-episcopal

    Professsor Turley wrote:

    The church, founded in 1865, would be seized with 11 acres of land for 10 pickleball courts, a soccer field, and a playground with a nautical theme.

    pickleball courts, soccer field and playground at least will add value to those who use the athletic resources.

    My Catholic parish is a traditional parish, and it is packed with young couples, converts in their 20s/30s/40s, and a very active lay ministry. Traditional Catholic churches are growing by leaps and bounds across the planet. People hunger for the sacred, for God, a return to their roots.

    1. NB:

      Why Are So Many Young Adults Becoming Catholic?

      his Easter, the University of Notre Dame saw a record number of students enter the Catholic Church. This trend is happening not just at Notre Dame but around the country. Los Angeles welcomed more than 5,500 new Catholics. The New York Post ran an essay entitled “Young people are converting to Catholicism en masse [. . .]” As reporter Matthew McDonald wrote in another article, “Dioceses are reporting increases of 30%, 40%, 50% and even more than 70%.”

      Not just in the United States but around the world, a growing number of adults—mostly young adults—joined the Church. In Austria, there was an 85 percent increase in the number of adult baptisms. In his essay “Adult Baptisms: What’s Driving the Rise?,” Luke Coppen reports large increases in Belgium, Canada, and Mongolia. Catholic conversions are also rising in Kosovo. In Sweden, the Catholic Church is growing, again with young adult converts. The Washington Times reported, “France sees a record surge in conversions to Catholicism.” In England, another article noted that it is “the young converts leading Catholicism’s UK comeback.”

      https://www.wordonfire.org/articles/why-are-so-many-young-adults-becoming-catholic/

      Young people are converting to Catholicism en masse — driven by pandemic, internet, ‘lax’ alternatives
      https://nypost.com/2025/04/17/lifestyle/why-young-people-are-converting-to-catholicism-en-masse/

      1. Estovir,
        I am part of the Anglican community that broke away from the Episcopal Church in 2008. In the U.S. it is called the Anglican Church of North America (ACNA). It holds to the traditional tenants of church doctrine and the 39 Articles of Faith. The same is true in Africa, Asia most of Australia. The Church of England and depraved Episcopal Church went off the deep end.

        What is sad is that the Episcopal Church kept the assets of money and property that has accumulated for decades and even centuries. Our priest walked away from his pension when he left the Episcopal Church and our congregation started from scratch. God has provided as needs arise.

        We were recently discussing what you have pointed out. Many young people are seeking a traditional, scripture based congregation.

        1. * Start an investigation of fraud by the so called episcopal church dating back to the founders with Washington and Madison as participants. Land grab by these charlatans…

    2. Unfortunately, in quite a few mainline protestant churches, including the ECUSA, concepts such as sin, repentance, and reconciliation with God – in fact, the entire Gospel of Christ – have been replaced by “LGBTQ advocacy, racial equality, and prison reform.” The vertical relationship is gone, and on the horizontal plane the emphasis is on politics rather than the healing of interpersonal connections in a person’s private capacity.

      I always feel like throwing up when I read that kind of thing on a church’s website. Their buildings are often very beautiful, especially those of the ECUSA (although admittedly not this particular church building). And the Book of Common Prayer brings liturgy close to perfection. The incense, candles, priestly garments, and stained glass windows add to the physical appeal. All of which brings to mind the concept of whitewashed tombs as expressed in the Gospel of Matthew:

      “Woe to you, teachers of the law and Pharisees, you hypocrites! You are like whitewashed tombs, which look beautiful on the outside but on the inside are full of the bones of the dead and everything unclean. In the same way, on the outside you appear to people as righteous but on the inside you are full of hypocrisy and wickedness.”

      1. “…sin, repentance, and reconciliation with God…” is NOT the gospel of Christ. If anything, Jesus’s pointing out hypocrites like you is his “gospel.” Read Matthew 25:31-46. That’s how God accepts you into heaven. You’ll be burning in hell.

        1. Anon, that is a curse. Stop it. It’ll return to you. Boomerang. I’ll leave now.

          1. That kind of ignorance comes about when a person confines his entire theological system to a mere 16 verses while ignoring the whole rest of the Bible, thus remaining unfamiliar with the whole counsel of God.

        2. Matthew 25:31-46 is not about hypocrisy. If you want Christs condemnation of hypocrits, you might try his clearing the temple. it is about our INDIVIDUAL positive moral duty to others.
          I suspect you will find an awful lot of those on the left who demand that government is the agent of positive morality will find themselves among the goats.

          You do evil not good when you force another to do good in your name.

          Repentance and reconciliation with god ABSOLUTELY is part of the gospel of Christ.

        1. As long as you don’t have to do what the verses say… sounds like you’re cool with that.

      2. OMFK;

        I do not wish to get into a debate over “what would christ do”. You and I may not agree, and Christ is not descending tomorow to set us straight.

        Overall I think a return to more traditional religion is a good thing for the country and the world, so I am happy to see the pendulum swinging back.
        Further I am with John Adam’s – man is not governable without the moral foundations religion provides. Or at the very least we are not governable without sacrificing a great deal more of our liberty and prosperity.

        ALL government depends on the voluntary compliance of the vast majority of people.
        The use of force to compel compliance is incredibly inefficient and that destroys liberty and reduces prosperity. One of the most important factors in avoiding authoritarian government is shared moral values so that for 90% of us force is NOT necessary.
        Most people will not commit murder, rape, rob banks, or assault others – not because of fear of govenrment, but because they beleive those things to be wrong, or because they fear gods punishment.

        Religion is very important in the moral education of the people and in lightening the burden of government by reinforcing shared moral values. So I am happy to see a return to religion – most any religion.

        At the same time – my personal values – save a very few, are more aligned with the far left than the right. But those one or two are critical. And first among those is that positive morality is OUTSIDE the domain of government.

        It is a fact that there are two sexes (excluding a tiny number of people with genetic anomalies). It is also a fact and an evolutionary requirement that humans must be massively predominantly heterosexual.
        But it is also a fact that all human attributes distribute along a bell curve and that human sexuality is NOT limited to a man and a woman in the missionary position.

        I beleive that all PRIVATE actors have the absolute right to discriminate for any reason they please – race, religion, sexuality, national origins. I do NOT however beleive that discrimination is a good thing. Individual liberty must include the freedom to do things others consider bad – short of using force to do harm to others.
        I do not beleive that 20% of the population is LGBTQ…. – because that is not how bell curves work, and because we would have gone extinct long ago if that were true.

        But I do beleive that some humans are and they have the right to be and that they can not be discriminated against by GOVERNMENT. While others are merely chosing to be something they aren’t – but again we are free to chose to try to be something we are not – so long as we are not using FORCE against others.

        The christ I know lived among the “sinners” and did not dwell on their sins. But chastized those who went after the “sinners” especially those who did so hypocritically.

        But absolutely none of this EXCEPT the protection of rights belongs inside govenrment.

        My problem with modern left churches that have an LGBTQ+ agenda is that they aggressively seek to use government to advance that. Christ did NOT say – vote for people who will FORCE the everyone to impose a specific view of positive morality on all of us.
        He said FEED THE HUNGRY, Cloth the naked, give shelter to the homeless.
        When he said that he did NOT mean – with your vote. He meant go out and do it YOURSELF.

        I am not personally a member of a church like Christ Church for 3 reasons:

        They go too far – your right to believe that your sex is different from that of your DNA ends when it infringes on the rights of others.

        Rather than practicing as individuals or groups the values they profess and that quite often I agree with, they seek to impose them through FORCE via government.
        Positive morality can not morally be imposed by force – not in government, not outside of it.

        The acheivement of feeding the hungry, clothing the naker, sheltering the homeless has as a matter of fact been overwhelmingly best acheived by people freely acting to advance their own self interests, not selflessly sacrificing for others. The uberwealthy benefit the worst off in the world more by doing exactly what they are good at, than by acts of charity.

        But in this specific instance – I would applaud Christ Church for seeking to build a homeless shelter. They appear in that to be about as christian as they can possibly be. As best as I can tell they are doing this themselves, they want nothing from government except to get out of their way.

        Matthew 25:31-46

    3. Yes, i noticed , too. They might prosecute the New Episcopalians for forged documents and fraud claiming to be the Episcopalians and stealthily confiscating property. It’s a little like the confiscation by the democratics of the Democrat party and gaining votes by default of a kind.

      The research would be in name change and documents signed etc. The archdiocese would need to show the properties were signed over to them presumably and by whom.

      Best scheme I’ve seen to date.

      1. * Are church archives dating back to Washington and Madison available as public records?

    4. “…The “church” website says nothing about the Gospel of Jesus Christ, Christiain Theology, salvation and redemption, nor resurrection of Jesus Christ. Nothing…”

      BFD. Christians are such hypocrites it’s actually embarrassing for them to profess salvation when they so often exhibit reprehensible behavior.

      1. No one has ever accused you ewe 🐑 of adding intellectual depth💡 or brought an academic pedigree 🎓 to the comments section, but admittedly we do laugh 😂 at you continually for your dull comments 😒 and b|tch|ness🤮, for which we all admitedly thank you 🤠

      2. * Everyone exhibits reprehensible behavior at times. The difference is knowing it, anon. People are generally blind to it as the eye has a blind spot due to its spherical shape, anon. The revelation of the blind spot can be overwhelming to an individual. It can be heart breaking. Go easy on it, anon.

    5. * . Episcopal is a trademark and there are copyrights and permissions for its use by the Episcopal Archives. Clearly these are not the Episcopalians who purchased the property in 1952 I think and moved in in 1962.

      Without a doubt it deserves, requires investigation of signatures, forgeries traced as pricey property changed hands. Modern squatters?

      Beat fraud I’ve seen.

    6. * Estovir, it gets muddied and muddied. Episcopla appears to be a unique American church formed after the Revolution. What do you think the founders would think of the Tom’s River squatters?

      It’s trademark and copyright laws are archived. They go back to Washington and Madison.

      PT has a can of worms here.

      Beyond imagination…

    7. While I agree with your characterization of Christ Church – they are still a church.

      You identify their “religion” as modern progressive leftism rather than traditional episcopal.
      That may be true – they are still a church.

      I and many others have identified the tenets of modern progressivism as religion – which is a part of why it has absolutely no place inside of government.

      I do not agree with many of the tenets of Islam – it is still a religion.

      You challenge whether these people are even christian. That is a perfectly reasonable argument,
      But it does not change the fact that they are a church and they are engaged in religious practice.

      Frankly as a libertarian – I do not even care if they are a religion – they are STILL entitled to act on their beliefs so long as they do not actively harm others. Even beliefs I find ludicrously stupid.
      I believe it was too limiting for our founders to provide special protection for allegedly religious beliefs. While AI think our constitution and bill of rights are amazing documents. I agree with the anti-federalists – that the incorporation of the bill of rights into our constitution, has resulted in a presumption that either we have no other rights, or that all other rights must be created by congress or that all other rights are afforded little or no protection. That was the fear of the anti-federalists. The federalists repeatedly argued that was false int he federalist papers,
      the counstitutions priviledges and immunities clause, the 9th and 10th amendmets were according to the federalist protections for our unenumerated rights. But from the founding of our country that proved false, so false that the priviledges and immunities clause in the 14th amendment was made even stronger with the specific intention of dictating to our courts that the bill or rights is NOT the limit of the rights that citizens enjoy, and that unenumerated rights deserve full protection. The priviledges and immunities clause of the 14th amendment proved as toothless as that in the constitution and the 9th and 10th amendments. Ultimately the anti-federalists proved right and the federalists wrong. In the US unenumerated rights have received little or no protection.

      Most of modern left wing progressive nonsense has absolutely no place at all in government.
      But it absolutely is a set of beleifs – sometimes WRONG beleifs, that are entitled to protection from govenrment – both under the first amendment and because the power of govenrment does not extend to interfering with individuals or churches practicing beleifs that do not use force against others.

      With respect to the legal conflict that Turley is writing about it is irrelevant whether this church is stodgy traditional espicopals or left wing loons.

      Further,. with respect to this legal conflict – I do not even care if these people fail to qualify to even the broadest and most nebulous definition of religion – it is still Their property to do with as they please, and NO the local government can not take it to create pickleball courts – or frankly for any other purpose that is not a CRITICAL government function. And even then ONLY if there are no alternatives that do not involve using force to confiscate property.

    8. “People hunger for . . . a return to their roots.”

      America’s roots are not religious. They are the secular ideas of reason and individualism.

      1. Mostly – but not completely correct.

        Even the concepts of free will, and therefore individual liberty come from religion and specifically the judeo christian tradition.

        The foundations of western thought rest on religious principles found in the Pentauch and possibly earlier.

        Further in the era leading to the founding – both in Europe and the colonies.

        Christian morality and reason and individualism are inseparable.

        The core to the reformation was that each individual is responsible for their relationship to and understanding of god.

        The concepts of free will, individual liberty, individual responsibility are inseparable from the judeo christian history.

        These are also present in other religious traditions – but the strong focus on free will is most evident in the judeo christian tradition.

        When you look through history and examine where the pinnacle of human development was at various times, that development is inseparable from the core values – often religious values of those people at that time.

        The west is the current pinnacle of secular thought because its values – invcluding its religious values have proven superior to what preceded it.
        The west will continue that dominance until a superior set of values arises elsewhere.
        Which has happened over and over historically.

  4. The Supreme Court has appointed itself the nation’s moral philosophers on high. They’re like wolves howling at the moon. Which wouldn’t be too bad a thing, except they then transport their left-wing philosophy into the area of the law and mess it up, like a bull in a china shop. That’s why we have the silly situation today where a man can “marry” a man, and a woman can “marry” a woman, and a township government can seize private homes and give them to Pfizer for profit and tax revenue.

    1. The Supreme Court has anointed itself the second legislative branch.

      If it doesn’t like a law, it simply rewrites said law to conform to its overdeveloped sense of merciful and charitable collectivism (i.e., communism).

  5. * Yes, Thomas, Scalia, O’Connor in Kelo are instructive. Far too heady for me but the idea is understandable and thought provoking.

    I heard a Harvard student say all the land is already owned and there’s no place to get back to nature. The commons areas no longer exist and taxes are everywhere.

    Then idea of blight and economic development as industry shuts down and poverty increases.

    I couldn’t possibly guess at a solution. The case here is whimsical , it just isn’t necessary is it.

    1. * 1865? The church has owned this land and obtained it in 1865 and tax free. It’s unclear if it’s just the building or 11 acres. Perhaps the archdiocese has the idea of bank loans using the 2.5 million dollar tract as collateral and intends the purchase vineyards in California for profit paying taxes as it goes as the Roman catholic archdioceses do.

      Who knows what they intend. Maybe the open an Episcopalian school, private but charter online. It’s a nice chunk of cash.

      Perhaps nothing more than what was done in 1865. In the future there’ll be many schemes and strategies to relieve people of land.

      1. * Would the real 1865 Episcopalians please stand up and claim your property . What a scheme to gain control of property across the country by this faux religion. What a scheme. Priest Lisa…

      2. Actually the church has not owned this land since 1865.
        The congregation was established in 1865, but the church has changed locations several times.

        The church bought this land in 1956 to build a new church.
        They moved into the new church at it current location in 1962.
        You just have to look at the church to realize it is 1960’s architecture. It looks like an old Howard Johnson motel.

        1. Thanks for doing my homework. Then the article mislead me. I envisioned this old church of historical reference. The town of Tom’s River is registered as a national historical site.

          How absurd. Accurately then, Episcopalians have lived in toms river dating back to 1865 with churches in various locations. This establishment has no historical significance. That’s a little different.

          I’ll take you at your word.

          The faux Episcopalians got quite a few chunks of pricey property and without taxes. Ridiculous…

        2. Old Howard Johnsons motel with restaurant. Jaques Pepin worked there. At least they’re staying with bed and breakfast theme if not the religion. 😏

          Thanks

          1. You are correct that Turley’s article is misleading.
            Unfortunately this is the case more often than not.
            We cannot be certain if Turley is deliberately misleading on a regular basis, or simply doesn’t bother to check the facts for himself.
            Either way, his articles tend to leave out important facts and context that mislead the reader.
            He may actually be pursuing an agenda with these omissions.

            He gets a lot of his inspiration from other right wing sources.
            His stories about academia and free speech are usually just re-writes from The College Fix.
            https://www.thecollegefix.com/

            This organization was started by Betsy Devos, Trump’s Secretary of Education in the first administration. She is hell-bent on destroying public-funded higher education and replacing it with private religious colleges.The title, “The College Fix” is self-explanatory. They masquerade as a college campus news organization. They recruit conservative students all over the country to be “trained” as journalists. The students are the eyes and ears of the Fix. They report on trivial incidents at their colleges that otherwise would receive no attention, and then write “news reports” that are published on The College Fix website.
            The purpose is to document these otherwise trivial incidents and blow them out of proportion to create the myth of college campuses under siege from radical Marxist influences out to destroy “free speech”.
            You will notice that whenever Turley publishes an account of these incidents, there will always be the same story published on The College Fix a day or two previously.

            Turley used to just copy and paste from the College Fix, and a while ago I emailed their editor about possible plagiarism by Turley. The editor replied that Turley “is a good friend of the College Fix” and they acknowledged that he copies from their site with their permission.
            Since then Turley re-writes the stories without copying and pasting, but his columns are still always preceded by the same story on the College Fix.

            At least with regard to his pieces about alleged persecution of conservative faculty at colleges, and suppression of free speech, there is no doubt that Turley is pursuing an agenda that aligns with Betsy Devos.

            So basically, a lot of Turley’s columns are short on critical details and context, and therefore misleading.
            It happens so frequently that it is easy to assume that Turley is pursuing an agenda.
            If he is not pursuing an agenda, then he is just being very sloppy with checking the facts.
            Either way you need to take everything he says with a very large grain of salt.

            1. * The point of 1865 to Howard Johnsons episcopalian bed breakfast was the readers homework in my opinion. Eminent domain is very serious business as is the false Episcopalians in Tom’s River squatting in a building, a tax free establishment.

              Thank you for the additional information . I can safely say I won’t be visiting an ultra right site.

              Betsy Devoss was not a favorite.

    2. *^^^^ as to the Harvard student the conclusion was they’d need to steal the property using eminent domain. Smirk while the false Episcopalians demand 2.5 to mill to make them leave waterfront property. 😏

      Adieu

    3. “I heard a Harvard student say”
      That is pretty much where you should stop.

      The free market raises stanard of living and reduces poverty.
      Always, Everywhere.

      Greater freedom means less poverty and higher standard of living.

  6. “[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”

    – James Madison
    _____________________

    Congress and inferior levels of government have no power to “claim or exercise” dominion over private property.

    Congress, state, and local governments may not eliminate trusts or compel any particular type of use, construction, or product related to private property, beginning with the unconstitutional Sherman Antitrust Act down to and including local Building and Safety Departments, their codes, ordinances, and regulations.

    Congress may only “take” property completely after just compensation.

    Congress has no enumerated power to regulate private property and state and local governments may not deny owners their constitutional right to private property.

    Legislation and local regulation is invalid and unconstitutional when it “claims or exercises” any facet, aspect, degree, or amount of dominion over private property.

    The Commerce Clause regulates “buying and selling” among nations, states, and tribes in order to preclude bias and favor by one nation, state, or tribe over another.

    The Commerce Clause does not regulate manufacturing, products, prices, free enterprises, industries, etc.

    Congress, state, and local governments “claiming and exercising” dominion over private property is the very essence of communism.
    _______________________________________________________________________________________________________________________________________________

    “The theory of Communism may be summed up in one sentence: Abolish all private property.”

    – Karl Marx
    ______________

    Communism is utterly unconstitutional.

    Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals while government is severely limited and restricted to facilitating that maximal freedom of individuals through the provision of security and infrastructure.

    The Necessary and Proper Clause is nothing more than a perfunctory redundancy for the purposes of clarification—a reinforcement of that which was previously codified—and may not be wielded to amend and impose separate acts that do not represent but alter the letter and spirit of the Founders and Framers.
    _______________________________________________________________________________________________________________________________________

    5th Amendment

    No person shall be…deprived of…property…nor shall private property be taken for public use, without just compensation.

    1. #9. Be that as it may, it remains a fact that “just compensation”, is in the eye of the beholder. I do not know the variances between state law in PA, MD, VA, and or the TVA region, concerning the valuation of private property and or asset seizure under eminent domain, however at least in the region near Baltimore, now under threat of property seizures, it has been repeatedly explained at STOP MPRP public meetings involving the power conglomerates and local elected leaders, that a “private contractor”, hired by the electric conglomerate will be the entity to assess property values. Not the county tax assessor, nor the town, village, or city, nor the state government. Nope, it will be the fellow getting his paycheck from the electrical conglomerate.

      Most certainly they will ignore their employee relationship with the people paying them, and ensure you get a fair and reasonable price. Right. What could be more “just” compensation?

  7. Really: between the ‘injunctivitis’ destroying the credibility of our legal system and stuff like this – I do not know how any sane person could continue to support our modern left unless they are simply not well, themselves. Do we really have to play this scenario out all the way to the end, where everyone loses everything? Absurd no longer covers any of it, not even a wrinkle, and it isn’t going to stand forever.

    I have quite literally nothing positive to say about a single thing the modern left does, and heaven help us if they are ever in power, ever again in this country. There will be no ‘reform’ of the party; this just who they are very enthusiastically are now, and I expect it will only worsen going forward. If you haven’t stopped voting dem, you are pretty much setting the stage for your own fall; eventually even wealth will not be enough protection. I know that is inconceivable to the privileged, but it’s true. 🤷🏻‍♂️ It is all infuriating.

    1. From the Ghost Breakers (1940)

      Richard Carlson
      When a person dies and is buried, it seems there is a certain Voodoo priest who has the power to bring him back to life.

      Paulette Goddard
      That’s horrible.

      Richard Carlson
      It’s worse than that, because a zombie has no will of his own. You see them sometimes walking around blindly, with dead eyes, following orders, not knowing what they do, and not caring.

      Bob Hope
      You mean like Democrats?

      ————–> Speed ahead to 2025
      You mean like the Mainstream Media?

  8. I’m not clear on something. Has the Church ceased functioning as a Church, and wanting to turn the property into affordable housing? Or are they wanting to turn a portion of their property into a affordable housing? Either way, other than $$$, what is urgent public use purpose to justify the taking of one entities property to give to another?

    1. I have long been opposed to the taking of property for any reason except in time of war and that being reversible at war’s end. On the other hand, it’s an Episcopal Church which has strayed away from the Gospel, so whatever they get, they deserve.

      1. On the other hand, it’s an Episcopal Church which has strayed away from the Gospel, so whatever they get, they deserve.

        I certainly hope that was made in jest.

      2. The Constitution is the fundamental law of America; it holds dominion.

        Your opinion and what you are opposed to – uh, not so much, comrade.

    2. Breaks down to they want to build a park and didn’t want to buy the land so condemned it and took it. Value approx 4 mill for 11 acres. The town of Tom’s ferry is lower class , 77 % white and 12 % latin, with hot subtropical weather in summer. It’s registered as a national historic site.

      Not much else.

      1. They still have to pay just compensation. “Condemned” just means they identified it as a property they intend to take by eminent domain.

        1. After it’s razed the archdiocese can try to get paid.

          The mayor probably doesn’t like the LGBT component of the Episcopalian religion. Same sex married priests are ordained.

          Maybe that’s it.

          Thanks

        2. “to pay just compensation.”

          Kansas, in Kelo did Pfizer pay just compensation? No! The land was valued based on what it was zoned for. Kelo got the price it would be before the zoning and sale. Therefore the state made the individual sell at a lower price then it was worth were Pfizer permitted the zoning privileges.

          1. S. Meyer – just compensation is a requirement of the Fifth Amendment (applicable to state and local governments through the 14th Amendment). That is the exact phrase the Fifth Amendment uses. It typically means fair market value at the time of the taking. The question of what constitutes just compensation has been widely litigated.

            1. “to pay just compensation.”

              If today the property is a single family home the value will be far less after the property is valued for multi-use 20 stories high. I think Pfizer did not pay fair market value which would be the valuation after the change in zoning.

              I count on that. In one case I followed the big player who was pushing to rezone for increased units. That was my hope. The zoning changed within three months and I was immediately offered double and more.

    3. YES, it has ceased functioning as the Episcopalian religion. Someone could probably get them on The New Episcopalians and forgery. 😏

  9. * I used Wikipedia to find photos of Tom’s River, NJ, and the church, basic stats.

    The property value at 4 million. Jersey shore village majority white at 77% , Latin at 12%. In 2010 or 2000 95% white median household at 72 thou yearly.

    Tom’s River is listed in the national registry of historic sites.

    The church intended to construct a 17 bed homeless shelter and was subsequently condemned. Nothing about the church building shows disrepair nor abandonment nor does it have historic structure or facade. Looks like a Howard Johnsons maybe.

    Obviously the mayor will lose. The village is home to 95 thousand residents, ranks high at 14th for safety, crime free among similar US villages.

    Guess they don’t want the 17 homeless people to grow. Simply zone it? Move the 17 people to nearby Newark?

  10. A court that could rule that marriage isn’t only between a man and a woman will definitely give a victory to pickleball courts over an insignificant historic church

    1. A Church doesn’t pay taxes. A commercial facility with tons of pickle ball courts will generate more tax revenue.

      SCOTUS’s consevative majority has always favored business over private entities.

      1. WRONG: Is that why the errant Kelo ruling was by the judges on the left, not by the right? You continue proving yourself a fool.

        1. George is such a clown. The Scotus Justices who ruled in favor of business interests were Stevens, Kennedy, Souter, Ginsburg, and Breyer. Stevens, Breyer, and Ginsburg were left-wingers. Souter and Kennedy were appointed by R’s but moved hard left in short order after joining the Court. The dissenters were conservative (Rehnquist, Scalia, and Thomas) or moderately conservative (O’Connor).

          George comes on here everyday to remind us all that he is an idiot.

        2. I would have thought you would be in favor of ’eminent domain’ S. Meyer?

          *what do you call the genocide going on in Gaza?

          1. Dgsnowden, are you competing with George for the Stupidity Award, or is this just your natural state? It’s hard to say when someone screams “genocide” about a population that keeps growing while defending a group (Hamas) that openly calls for the genocide of all Jews in Israel and beyond.

            Did you inherit your antisemitism from your parents, or did you pick it up later because it made you feel strong, hating people smarter than you?

          2. You’ve got alot of nerve to come on here with the specious “genocide” claims after the vile murders in Washington DC based on such rhetoric. Why don’t you shut the f–k up. Every war Israel fights is a war for its own survival. Hamas’s goal is the genocide of the Jews, as well as of the Palestinians. Your thinking is Nazi-like.

          3. DGS
            genocide going on in Gaza?
            ****************
            Are you talking about the folks who voted for and still support Hamas who will mur-der Jews as fast as they can. This combat is not a (genocide) If it was Gaza would have been a hole in the ground after Oct 7th.
            By the way Tell use why every muslim country has kicked out the Pals after they let them in Hmmmmmmm

        3. The Kelo case was a mix of both ideologies. Scalia and Thomas being the more extreme ideologues dissented, but the more moderate conservatives did not. since i twas a 5-4 ruling it showed that it was a difficult case.

          1. If you knew what you were talking about I would be inclined to respond; you don’t.

        4. S. Meyer,

          “WRONG: Is that why the errant Kelo ruling was by the judges on the left, not by the right? You continue proving yourself a fool.”

          Nope. Even the conservatives agreed with the general interpretation of the majority. They didn’t disagree that takings was unconstitutional. They agreed that the plan was intended to serve a valid public use, they would have found all the takings unconstitutional because the City had failed to adduce “clear and convincing evidence” that the economic benefits of the plan would in fact come to pass. They needed more evidence that the economic benefits were in fact going to materialize before taking the land. They were not opposed to the view tha the city could take the land for another private entity. That in itself was not unconstitutional.

          1. George – you are lying. What you said applies to the Connecticut state court dissenters, not the Scotus dissenters. Here is a sentence by O’Connor in dissent that disproves your assertion: “[This case] presents an issue of first impression: Are economic development takings constitutional? I would hold that they are not.” Her entire opinion, including that sentence, was joined by the other three conservative Justices (Rehnquist, Scalia, and Thomas).

          2. George, why do you lie and think you can get away with it when the facts that disprove your statement are out on the internet for anyone to read?

        5. @S. Meyer

          He is, they are. Anyone that blindly accepts the ‘new normal’ as some sort of organic evolution is someone who is so asleep, it might literally take gunfire to wake them up. We passed absurd long ago. If George isn’t paid, and does this literally every day – I cannot imagine living inside such a troubled mind. I suspect they are paid, though. the frequency and parroting are no coincidence. We all know this is a thing at this point.

          1. I trust your judgement and can’t think of any better reasons for the way George acts.

      2. Hey George.
        New polling shows more Americans (dem/rep) say American econ is on a much better track then 4 years ago.

        HAHAHAHAHA

      3. Honestly do you have clue about those you criticize.

        Kelo vs. City of New London

        Majority
        Stevens, Kennedy, Souter, Ginsburg, Breyer

        Dissent
        O’Connor, Rehnquist, Scalia, Thomas

        The City of New London was taking Kelo’s little pink house to give it to Pfiser.

        Sorry George is it near UNIVERSALLY the left that sides for government when Government is serving private businesses.

        1. John Say, so? I didn’t say they didn’t. This is what I said,

          “SCOTUS’s consevative majority has always favored business over private entities.”

          Surely you don’t disagree.

          1. Businesses are private entities. So you’re saying conservatives justices favor private entities over private entities?

            George – keep your mouth shut. Every time you open it you tell the world you’re an idiot.

            1. Every time George opens his mouth the mice run in to get the Swiss cheese which is in lieu of a brain.

          2. OMG george, you just can’t stop being a moron> now can you….

            So you shut up about the new AF 1 I see.

        2. John Say,

          The Fourteenth Amendment provides that “private property [shall not] be taken for public use, without just compensation. ” If we are going to take an originalist and textualist approach in interpreting this, we must recognize that there is no prohibition on taking private property for private use. Pfizer would have given the town more economic benefit than the individual homeowners through higher property taxes.

          Sadly, Pfizer never fully realized the research facility and the town suffered economically. It was the town’s choice, and the consequence was bad.

          The Constitution doesn’t say private property cannot be taken to benefit other private entities, and the takings still require the government to pay market value for the properties of those whose property was taken.

          1. Where does the Constitution say that it CAN be taken for private entities?

            While you’re at it, why dont you list 10 or 12 of the cases where conservatives “always side with business”?

            Just running that ignorant yap again.

            From Cornell law

            Eminent domain refers to the power of the government to take private property and convert it into public use , referred to as a taking.

            1. George is a clown. He is a complete know-nothing. He spouts garbage all day long. There is not a single lawyer or judge in America who has ever argued that private property can be taken by the government for private use. He just puts stupid shit like into this comment section to show what a complete idiot he is. Nothing he has ever said has had any value or validity at all. It is all complete garbage.

      4. #9. In this region, the county government has spent over a hundred million in tax dollars in a mega expansion of just one park. Tearing down over a hundred acres of forest lands, near a protected wetlands. No environmental impact study was even planned let alone completed. Endangering dozens of private wells in what is a rural area. All done with tax payer funds, primarily for soccer fields which they in turn charge a healthy fee for usage by the hour. Times how many soccer fields, times how many hours, times days in the week, etc. The more soccer fields, the more revenue they take in. Not for you. It’s all for the children…

        So the local government seizes your income, calls it a voluntary requirement (get out the Websters and try to make that oxymoron add up), then invests it in a process designed to make the county government even more money from the fee charges, whereupon then they build more soccer fields, and charge more for their usage, and spend more tax money on more soccer fields. Nice gig if you can get it.

        Some might say that saves on maintenance costs. Some might say that represents a theft of public funds in order to seed a private business all paid for out of seized income from the local citizens.

        “The government is good at one thing. It knows how to break your legs, and then hand you a crutch and say, “See if it weren’t for the government, you wouldn’t be able to walk”.
        –Harry Browne

    2. AI Overview

      Pope Leo XIV has affirmed that the family is based on the “stable union between a man and a woman”. This statement, made during his inaugural meeting with the Vatican diplomatic corps, underscores a traditional Catholic view on marriage. This position is in line with past Catholic Church doctrine defining marriage as between a man and a woman.

      1. He is absolutely correct on this one.

        To marry is to go forth and multiply, the essence of life.

        Marriage is security for the family, for spouses and children.

        Homosexuals may enter into a contract of sorts but they’re union is an exercise in futility and self-terminating.

  11. Lighteredknot says: Spend that legal money suing for greatest purchase amount possible, as the purchaser will also low ball the purchase price. I can see eminant domain for acquiring real estate for roads and utilities, otherwise it is a grave power injustice.

  12. Here are my potential biases:
    #1. The Episcopal Church, as a denomination, has refused to assist in the resettlement of white Afrikaner refugees from South Africa through its federally funded programs. Shame on them.

    #2 I love pickleball and every city needs more pickleball courts.

    Regardless, our government is full of overreach. The eminent domain racket looks like another overreach to me. If I could vote as a judge, the church stays.

  13. As with a series of SCOTUS decisions which were wrong when decided and wrong until the day they were either abrogated or overruled — including Scott v. Sandford; Plessy v. Ferguson; Roe v. Wade — Kelo remains wrong today. Just examine Justice O’Connor’s dissent.

    With any kind of luck, the Court will also soon more closely examine the “logic” of another of its highly suspect decisions: United States v. Wong Kim Ark and the “birthright citizenship” issue addressed therein.

    1. While I agree with you and could add numberous other bad decisions.

      Won Kim Ark was decided correctly.
      Trump will lose the Birth Right Citizenship case.
      One of FEW that he will ultimately lose.

      Further contra the right the impact of Birth Right Citizenship is inconsequential.

      The fact that children born here are citizens, does not mean their illegal parents can not be deported. They can take their kids with them – or leave them in the US with a guardian.
      But the infant does NOT give the parents the right to remain or receive benefits.

      1. John

        Do you know women are flown from Russia to Florida to have their kids here.
        Been in the news the last 10 years I think.

      2. John – the Court could reaffirm Wong Kim Ark and still decide in Trump’s favor. In Wong Kim Ark, the parents were longtime legal residents of the US. The question raised by Trump is whether that holding applies where the parents are here illegally.

    2. Wong’s parents were legal US residents, as I recall. Trump proposes denying birthright citizenship to children of legal non-residents, and illegal residents, because the first group is u. Two classifications different from the Wong case, and easily distinguishable.

      1. Because the first group is still subject to their home country’s jurisdiction, and the second group is evading US jurisdiction, not submitting themselves to it.

      2. Government seizing a church’s property? Whatever happened to the iron wall of separation of Church and state? Or is it a one-way street?

        1. You know, can’t discriminate…if churches overall became targets then there’d be reason. It could matter. Closing a church might fly…I’ve always thought the establishment was the building itself.

      3. Could Wong be summoned for jury duty?

        Was Wong “subject to the jurisdiction thereof…the United States?”

        Me thinks, no.
        _________________

        14th Amendment, Section 1

        All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

  14. Going back a score of years ago I’m reminded of my business attorney’s statement: “John Roberts should never have been confirmed as Chief Justice or a Supreme Justice at all”. As he would say, he’s an empty suit that blows with the wind like those advertising windsocks dressed like a man. Or said another way: “He has no backbone”.

        1. * The church needs zoning from the village.

          The solution is–> no zoning you keep the church. Villagers objected to homeless shelter. Can a church do whatever they want 🤔.

          Too bad, with the horrible summer humid weather in Toms River I’d prefer the water park.

          Sharp mayor 😉

          1. Get yourselves a minister license like al Sharpton, Louis farrakahn etc. And when buying land for your next church be sure your fake church buys it, put up a big crucifix with a sign the future home of the church of Jesus and pay no taxes even on the resale…

            Episcopal disgrace should be the name here in this article or maybe who’s grabbin whom.

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