Township of Jackson v. Getzel Bee, LLC; Township of Jackson v. Bellevue Jackson, LLC, A-3-25

The Township of Jackson condemned Lots 84 and 90, privately owned by Bellevue Jackson, LLC and Getzel Bee, LLC, as part of a land-swap plan with a private developer. 1
The first two ordinances described the exchange but did not identify any public purpose or how Lots 84 and 90 would be used after the swap. 2
The third and fourth ordinances said the acquisition was for open space, but also disclosed that the condemned lots would be exchanged with the developer. 3
The trial court found the taking was for a public purpose and allowed condemnation to proceed, but the Appellate Division reversed. 4
The Supreme Court granted certification to decide whether the Township could condemn private land solely to exchange it for other land to be put to public use. 5
The Court ultimately affirmed and remanded for the trial court to determine appropriate relief because the land swap was already completed. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
May a municipality condemn private land solely to swap it for other land used for public purposes? 7	Jackson said the overall plan preserved open space and fit eminent-domain statutes.	Owners said the lots were taken only to benefit a private developer.	No; the statutes and precedent do not authorize that land swap. 8
Did the Township satisfy the public-use requirement? 9	Jackson said open-space preservation made the taking public.	Owners said the condemned lots themselves were not to be put to public use.	No; the condemned lots were mere currency for a private exchange. 10
Did the Township deal forthrightly and fairly with the owners? 11	Jackson said its ordinances and letters adequately disclosed the project.	Owners said the Township’s stated purpose changed and was pretextual.	No; the Township failed to turn square corners. 12

Township of West Orange v. 769 Assocs., L.L.C., 172 N.J. 564 (N.J. 2002) (eminent domain is the power to take private property for public use 13)
Gallenthin Realty Dev., Inc. v. Borough of Paulsboro, 191 N.J. 344 (N.J. 2007) (constitutional limits on eminent domain include public use and just compensation 14)
Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229 (U.S. 1984) (private transfers can satisfy public use when they serve a public purpose 15)
Berman v. Parker, 348 U.S. 26 (U.S. 1954) (upheld comprehensive redevelopment takings serving public welfare 16)
Kelo v. City of New London, 545 U.S. 469 (U.S. 2005) (economic-development takings are valid when part of an integrated public plan 17)
Mount Laurel Township v. MiPro Homes, L.L.C., 188 N.J. 531 (N.J. 2006) (preservation of open space can be a public use 18)
Salt Lake City Corp. v. Evans Dev. Grp., LLC, 369 P.3d 1263 (Utah 2016) (public use must exist on the property actually condemned 19)