Americans Still Need To Fight For Their Property Rights – Especially In New Jersey
June 2025 marks the 20th Anniversary of the controversial private property decision by the U.S. Supreme Court in the famous case known as Kelo v. the City of New London (CN).
The Court held 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment on the U.S. Constitution. The Fifth Amendment prescribes that the owners of private property taken by the government have the right to just compensation and that the private property is taken for public use.
In the Kelo case, the Court stretched the meaning of public use to a degree that many found alarming.
In that case, plaintiff Susette Kelo sued the city of New London, Connecticut, for violating her civil rights after the city tried to acquire her house’s property through eminent domain so that the land could be used as part of a “comprehensive redevelopment plan”.
After the Court’s decision, the city allowed a private developer to proceed with its plans; however, the developer failed to obtain financing and abandoned the project. Kelo’s property and that of her neighbors remained an undeveloped, empty lot.
The devastation for the homeowners in New London was enormous. Their homes were taken and leveled. Their neighborhood was destroyed. And New London residents never benefited from the tax income touted by the city officials from the massive development the city envisioned, but never got.
The use of eminent domain is something I have, unfortunately, become acquainted with over the past two years as the Monmouth County Commissioners took action that could have led to the condemnation of my airport – The Monmouth Executive Airport in Wall Township – and the 400 acres surrounding it. Had I not fought so vigorously to keep my business – and had not so many residents protested the taking of the airport by county government, I believe I could have easily ended up like Susete Kilo and her neighbors. The impact of the county seizure of my business and property would have had a profoundly negative impact on the residents of Wall Township and Monmouth County.
Property rights are precious in America. The right to buy property and homes – and to grow our businesses is part of the American Dream that separates the U.S. from the rest of the world. I never thought I would have to become a warrior for private property rights, but I have become one – and I hope you, too, will be vigilant in the fight for your property rights and those of others.
There are legitimate purposes for the government taking of property, but too often government abuses its right and manufactures dubious reasons for seizing private property.
The decision from the Kelo case sparked nationwide controversy, and 47 states strengthened their eminent domain laws, and 12 states amended their constitutions to stop eminent domain from benefiting private parties. New Jersey is NOT one of those states. And today, the government taking of private property in New Jersey continues – and almost always benefits a politically-connected, wealthy developer, not the community.
As I write this, there are two noteworthy eminent domain battles in New Jersey. One involves the taking of a 21-acre farm in Cranbury; the other targets the taking of a house and a business in Perth Amboy. Neither condemnation by the government fulfills an overwhelming public purpose, as I see it. Taking 21 acres of open space to build high-density housing violates the public need for green space that citizens have repeatedly said they want. Condemning productive properties in an urban area and taking away homes and jobs so a developer can build new, high-density structures is reminiscent of the foolishness in New London.
As we commemorate the Kelo decision and approach the celebration of America’s Independence Day, please be mindful that the rights that Americans fought for are rights that can be trampled by meddling government officials acting in their interests, not yours.
Alan Antaki
President, Wall Herald Corp.
Owner of Monmouth Executive Airport
Watch the Story of the Little Pink House of New London, CT Here: https://www.youtube.com/watch?v=ZuIxSU7VWI0
