In the first five legal tests of the power of eminent domain since the New Jersey Supreme Court tightened the definition of “blighted” property that qualifies, two trial judges and three Appellate Division panels have scuttled redevelopment projects.

The proposed projects ranged from a trailer park to a 2,000-condominium project, but in all five, property owners relied on Gallenthin Realty Development v. Borough of Paulsboro, 191 N.J. 344 (June 13, 2007), which holds that a municipality can’t meet the state constitution’s “blight” standard simply by declaring a tract not fully productive.

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