Council Approves Use of Eminent Domain

In a contentious vote, the city council approved the use of eminent domain to acquire an acre of land to turn into a park in the Southwestern part of town. 

The council majority voted in favor, while the four minority members voted against the use of eminent domain. The ordinance last month, in a 7-1 vote. 

A hearing in front of a judge to approve the use of eminent domain could be held as soon as July, said Councilman-at-Large David Mello in a phone interview on Wednesday afternoon.

The city is offering the owner of the site—also known as block twelve—$2.3 million. While the city made an offer months ago, no agreement has been reached. 

Approving eminent domain doesn't mean that negotiations with the property owner come to an end. 

"A southwest park must be born here and it must be born tonight," said Mello on, who sponsored the ordinance. During the two-and-a-half hour discussion about the issue, Mello said that parks are the reason he ran for council. "A park in the southwest will benefit the entire community," Mello said. 

The piece of land in question—Lot 12—is across the street from the former  and serves as a surface parking lot. Under the city's master plan, surface parking lots aren't allowed in the city of Hoboken. 

Councilman Michael Russo called eminent domain "a use of force." 

"What we are talking about," said Councilwoman-at-Large Carol Marsh, "is compensating (the owner) fairly for their land, in order to build a park."

The city is trying to purchase the land with a $3 million grant from the county, It is possible for the mayor to ask to extend that grant with a valid reason, said Hudson County Freeholder Anthony Romano. 

The grant—which initially was supposed to be spent on the acquisition of an uptown site—was reallocated last summer. The issue of eminent domain as a tool to acquire land first came up in July 2011. The council then approved it as a potential negotiating tool.

When asked why he voted "yes" last year, and "no" on Wednesday, Occhipinti said that the prior vote was symbolic. "That was to reallocate $3 million," Occhipinti said. Occhipinti said that the a park can be acquired without the use of eminent domain. 

The public's opinions also differed. 

"This is an incredible opportunity," said Jake Stuiver, resident of the Southwest and a commissioner on the Hoboken Housing Authority. 

Former mayoral candidate Nathan Brinkman disagreed and opposed the use of eminent domain. "It's obviously nice to have," Brinkman said about a park in the Southwest. "But it's not really a need to have."