Hoboken Council Gives Tentative OK: Eminent Domain Fight Underway

HOBOKEN, NJ — The gloves are off, and the eminent domain fight is on, Hoboken.

During their Wednesday public meeting, the Hoboken City Council gave tentative approval for the use of eminent domain – a legal procedure where a government body forces the sale of a private property in the name of the public good – to purchase land for the Southwest Park project, an in-development flood resistance park that officials are touting as a future “model for green infrastructure resiliency in New Jersey.”

The ordinance was approved on first reading Wednesday, but is still-subject to a second vote and public hearing on Feb. 1.

So far, the city has started construction on the initial phase of the two-acre project, which sits on a $4.5 million acre of property purchased in December. But according to Mayor Dawn Zimmer, city officials are hitting a roadblock in their attempt to buy another acre of property that is crucial to the project.

Acting in advance of Wednesday's public hearing, Zimmer released a statement about the possibility of using eminent domain to help the city “negotiate a fair price” with the property owner due to a multi-million difference of opinion about what the property is worth.

“The owner, who has left the property vacant for years, is demanding $13 million or high density development,” Zimmer wrote. “In order to negotiate a fair price, I need the council to authorize the use of eminent domain.”

The park is designed to expand across Harrison Street to a separate acre of property currently owned by the Hoboken-based Academy Bus company, NJ.com reported.

However, Academy and city officials have a wide gap between their valuations of the property; the company wants $13 million, while city officials say the property is worth between $4 and $5 million.

• See related article: Hoboken Breaks Ground On Southwest Park, But Will Eminent Domain Follow?

“The parkland acquisitions in Northwest and Southwest Hoboken would not have been possible without eminent domain as a negotiating tool," Zimmer stated. "Without this authorization, the expansion of the Southwest Park is unlikely to happen.”

According to a city news release, when complete, the park will feature passive recreational space, a dog run, moveable cafe tables, a pop-up market zone, restrooms, multi-level seating for small performances, free public Wi-Fi, and a lawn with child-friendly interactive park features. It will also include green infrastructure (rain gardens, shade tree pits, porous pavers, a cistern for rainwater harvesting and reuse) and an underground detention system to reduce stormwater run-off and localized flooding.

• See related article: Hoboken Seeks $4.8 Million Loan to Construct Southwest Resiliency Park

The project was originally slated for completion in summer of 2017. Park renderings, project updates, and additional information are available here.

Photo: UStream screenshot, City of Hoboken

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