Mount Laurel Township v. Stanley

Our State Constitution specifically provides that “[pjrivate property shall not be taken for public use without just compensation,” N.J. Const, art. I, ¶ 20. That limitation on governmental power mirrors the restrictions present in the Fifth Amendment to the Federal Constitution: “[N]or shall private property be taken for public use without just compensation.” U.S. Const, amend V. The procedural protections required to implement those constitutional mandates are set forth in the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50. Thus, if a public or private entity seeks to condemn private…