Thu 12 Oct 2006
From the Montclair Times:
Township officials: Planners could start the eminent domain process
A nearly 110-year-old house at the corner of Orange Road and Irving Street could be on its way to becoming municipal property after township officials’ attempts to get the homeowner to repair it failed.
At its meeting this coming Monday, the Planning Board will consider advising the Township Council to declare the vacant house at 249 Orange Road an area in need of redevelopment.
Mayor Ed Remsen said many times that designation simply pressures the owner into either rehabilitating the property or selling it to someone who will.
“Sometimes this is the only thing folks understand,” said the mayor. “It begins a process that very often” gets the owner to take action, he said.
But if it provokes no response, the mayor said the council can then order a property valuation, seize the land using eminent domain and pay the owner fair market value.
…
“(Washington) is just not paying attention to the property,” Kadus said. Although he is paying his taxes, investigators found.Kadus said the Planning Department will try notifying the homeowner via the bank about next week’s hearing — scheduled for 7:30 p.m. in the Council Chamber at the Municipal Complex — so perhaps he will attend and discuss his plans for the property.
ugh. I dont like your house, so I can use eminent domain to take it.
I’m far from a fan of eminent domain, but as someone who lives next door to a house that has had no exterior maintenance (or interior, I suspect) for roughly fifteen years, I must say I support Montclair’s decision to pursue it in this case. Why should neighbors be forced to stare at a derelict, weed-grown–and vacant–property every day? And just imagine what such a wreck does to the neighbors’ property values.
But here’s a question: Does anyone know how to make a homeowner maintain the home they’re living in? Seriously, the owner next-door to me has allowed ivy and Virginia creeper to climb up two stories to the roof, there’s green mold growing on the siding, and the rest of the ‘yard’ (the ten feet that isn’t also covered in ivy) is strewn with empty plant containers and flowerpots, old bicycles and rusty metal furniture. From what other neighbors have told me, the owner has been fined for allowing the ivy to grow over the sidewalk, but isn’t there something they could do about the property itself?
I appreciate any and all suggestions.
KAA, go to town hall and purchase a copy of the town ordinances.
Many towns detail how to address improperly maintained homes, a rusty car up on cement blocks in the driveway, etc.
I’ve actually been in court and seen a judge tell homeowners they can’t leave a crumbling shed in their backyard as it’s an eyesore to neighbors.
Thanks, UnRealtor.