Middle Township faces legal battle over eminent domain land seizure in Whitesboro

In South Jersey's Middle Township, a war goes on. The township has filed an eminent domain condemnation complaint that seeks to acquire 2.4 acres of land in Whitesboro for a large-scale housing development project. But the woman who owns the property, Dawn Robinson, does not want to give it up, according to a report by WHYY. “The land is already paid for,” Robinson said. “If I wanted to sell, I would have had a ‘for sale’ sign on it. I’m not being rude, I don’t want to sell. I want to keep it for my kids.”

What does eminent domain mean? Well, an eminent domain gives the government the power to take away someone's private property. However, the Fifth Amendment states a property may only be taken away if it is for public use and the owner is paid just compensation. Middle Township wants to take her land in order to move forward with a multi-million dollar housing development plan, known as the Indian Trail Redevelopment project, to be built by a private, for-profit developer, NVR, Inc, also known as Ryan Homes. A show-cause hearing on the matter that was scheduled for May 6 was postponed until July 1. At a second court appearance in July, Robinson agreed to attend a mediation session to try to negotiate a land-swap settlement, but no deal was reached during the closed-door session, so the case could soon head back to court. Robinson hopes to convince a judge the housing development plan on the table doesn’t need to include her property. “I would love to keep my land and develop it myself,” she said. “I bought this land from the township, they didn’t tell me there was an expiration on it.” “They could build around me, no problem,” she added. She stressed that her property is on the outer edge of where the developer wants to build the housing project. Robinson shared that nine years ago, an attempt was made to force the acquisition of dozens of parcels of land using eminent domain, but a judge rejected the proposal and the redevelopment of the area stalled. Kerrin Wolf, an associate law professor at Stockton University, said that if a town uses eminent domain, there needs to be a specific plan in place to redevelop the area in question. “They use [eminent domain] sometimes to build schools, sometimes to expand roadways, sometimes for public-private partnerships,” Wolf said. Eminent domain can be used for commercial developments, as long as officials can prove the project is for legitimate public use. “They have to show that the development will be good for the community in some significant way, you have to have a very specific plan that shows clear public good,” he said. “Eminent domain is supposed to be for public use,” said Robinson. “Everyone knows that is not happening in this case.” She pointed out that last month the New Jersey Supreme Court issued a unanimous decision in Jackson Township v. Getzel Bee. In that case, the court ruled that local governments cannot use eminent domain to condemn private land and then transfer it to a developer.

Middle Township Mayor Christopher Leusner has strongly supported efforts to move the project forward, calling it “a transformative initiative” that will bolster township services. He said in a statement that the 340-home project “will deliver much-needed housing, help fulfil the township’s affordable housing obligations, generate millions in new revenue for the township and convert long-vacant, fragmented land into a vibrant residential community. ” James Maley, a partner at the law firm Maley Givens in Collingswood, said his firm will represent Middle Township in the condemnation proceeding. He said the lots being taken are extremely small and were given to people in the 1930s as part of a newspaper promotion. “The township has been working for 10 years on assembling lots so that [the property] can be developed,” Maley said. “A development of this nature is critical for the community to provide more opportunities for decent housing. It will also increase the [township’s] ratable base and make the township more affordable for everyone.” Maley said affordable housing units will be offered as part of the project, and that dozens of lots have already been acquired in preparation for the development to move forward.

Robinson's friend, Janice Roots, helped convince the co-founders of Truth and Record, an online platform that advocates for social justice and accountability, to help spread the word about her case and collect donations for her legal defence. “They work on behalf of the descendants of those sold as enslaved people,” Roots said. “They have a strong network throughout the country, and I felt they would be a good resource. ” Roots said she felt compelled to help Robinson for personal reasons. “My family has been through the exact same situation,” she said. “My great-great-grandfather received 40 acres after emancipation around 1870. Subsequently, the land was seized from him, and I didn’t want to see history repeat itself with Dawn.” Rachel Davis, the co-founder of Truth and Record said they decided to help Robinson since they felt it was an "unjust case." “Eminent domain is often used by the government to displace predominantly Black and Brown people and poor people, and our stories that we tell come from that historical perspective.” Truth and Record’s other co-founder Chelsea Nicolas said the case raises several red flags. “This case is located in a historically Black neighbourhood, and eminent domain is being used to seize land for a private developer, she said. “The significance of this on economic security, inheritance, community continuity, all of those things are impacted.” She said a website has been established to help collect donations for Robinson’s legal costs and to tell her story. Robinson said she feels honoured that people in her community and others she doesn’t even know are helping her. “I think my neighbours believe that if it happens to me, it can happen to them, with eminent domain, that they can just take your ownership from you if they want your land,” she said. Robinson said even if she wanted to sell, part of the legal agreement she has been offered stipulates that if the land ever needs to be remediated, she would be financially responsible for whatever needed to be done, even after the sale was complete. “If they find anything on it, tomorrow or 20 years from now, I’m responsible for that,” Robinson said. “How can they take something from me and hold me responsible?” Robinson said she has been offered $47,000 for her 2.4-acre property, which is right next to her current home. However, that is only $7,000 more than what she initially paid for the property 23 years ago. She said she originally owned two lots, but that the township split one of them in half, so technically, she is now the owner of three parcels of land. If an agreement is not reached, the case will head back to Superior Court at an unspecified date for a final judgment on whether the township has the authority to take Robinson’s property. If the eminent domain complaint is upheld, a three-person commission would then decide the value of her 2.4 acres. “I’m not in the way,” she said. “I really can’t say they need [my property], I feel it’s more that they just want it.”