Latest news with #eminentDomain
Fox News
26-05-2025
- Politics
- Fox News
Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
A New Jersey town has moved to seize a 10-acre church property and turn it into recreational space, outfitted with pickleball courts and soccer fields. Christ Episcopal Church in Toms River, New Jersey, found itself at the center of a highly charged legal battle after its leaders moved to expand outreach to the area's homeless population and proposed a 17-bed overnight shelter. "It didn't take long for neighbors to become concerned," Harvey York, the church's attorney, told Fox News Digital. On April 30, the Toms River Township Council placed an ordinance on its agenda to condemn the church's 10-acre site, which includes the parish house, auditorium, school, sanctuary and deacon's residence, under its eminent domain power. The town's plan is to turn the congregation's property into a recreational area. "Any governmental agency has the right to condemn property for governmental purposes. That's clear. However, the township has never thought of this as a recreational site," York said. "For them to say they need recreational land flies in the face of the facts and their master plan." York and his legal team argue that the move to seize the property is the township's direct response to the church's shelter initiative. "It is clear that this is being done in retaliation for the church making an application for a homeless shelter," he said, pointing to both the constitutional protections for freedom of religion and the federal Religious Land Use and Institutionalized Persons Act. "I don't know that you'll find a lawyer who will say, 'Oh, yeah, they have every right to do this; they're going to win.'" Despite rising community support, from local congregants to offers of amicus assistance nationwide, reactions remain mixed within the New Jersey town. "There are people that are thrilled that the mayor is going to condemn the property," York said, but he believes "the majority of the community is shocked and dismayed." As for the church's next steps, litigation is certain. "The plan will be decided by the diocese," York said. "But they certainly will litigate the issue, and I believe it will be successful." The church's attorney said the government should "mind their own business and stay out of the religious affairs of the community." Five or six hearings have taken place, and the next zoning board meeting is scheduled for May 22. Fox News Digital has reached out to the Township of Toms River for comment on the pending litigation and the hearings. The church originally applied in July 2023 to operate an outreach center for the homeless, an effort that was approved. According to York, their application for the shelter fully complies with local and state regulations.
Yahoo
18-05-2025
- Business
- Yahoo
Green Bag roundabouts tied up in court
May 17—MORGANTOWN — For anyone who's been following the Green Bag Road saga, it likely comes as no surprise that the project to construct a pair of roundabouts finds itself parked in court. West Virginia Division of Highways District 4 Manager Earl Gaskins explained as much during a recent conversation with members of the Morgantown Monongalia Metropolitan Planning Organization. "The Green Bag Road, as you guys can imagine, we're fighting with right of way on that. Right now we currently have eight parcels we have not acquired. We're moving for eminent domain on that, so we're waiting on the court system, " he said. "One of the things I'm seeing is we're overwhelming the court system. Everybody's busy, and by throwing these eminent domains in, we're overburdening the court system itself, but we're moving forward with that. Everything's looking good. Looks like we'll be able to get these knocked out here pretty soon and we'll get moving on the actual project." Eminent domain is the power of the government to pay fair market value to take private property for public use — even if the property owner doesn't want to sell. Conversation about Green Bag and its potential as a sort of Morgantown bypass for heavy trucks has been going on more than a decade. The discussion took on a different tone starting in 2018-2019 when it became clear the DOH was prescribing roundabouts to address backups at its intersections with Kingwood Pike and Mississippi Street intersections. But roundabouts require land. Notably, some of the land required is owned by the Hastings family and the site of a community garden. The family was outspoken in opposing the plan and ultimately pressured the DOH to conduct an environmental study for a project it initially said was exempt from such consideration. In early 2022, the DOH issued its findings of no significant environmental impact. Even so, a requirement to fund community gardens was attached to the project as a means of addressing the loss of the garden property. The MPO has recently distributed a total of up to $15, 000 to support the establishment of three community gardens. The Green Bag Road project bid was awarded to Mountaineer Contractors on Dec. 6 for $18, 332, 804.40 in December. The DOH previously said work on the project was likely to begin this spring and conclude in the fall of 2027. The Dominion Post reached out to the DOH to ask if work would commence despite the right-of-way delays, but did not receive a response in time for this report. Morgantown Industrial Park access bridge Much like Green Bag Road, Gaskins said the DOH is still working through right-of-way issues for the $59.7 million effort to span the Monongahela River to connect the Morgantown Industrial Park directly to U.S. 119 (Grafton Road). "There are still two parcels we're fighting with. One is the railroad and the other one is a property we'll have to take through eminent domain, " he said. According to Gaskings, Triton Construction has submitted a value engineering plan that would lower the cost to the contractor to build the project. Those plans are currently being reviewed by a third party. "I don't want to be in a position where we can save money and we don't, and I also don't want to be in a position where this engineer and that engineer feel like they're just fighting back and forth, so we requested a third party to take a look at it." As of the end of April, the DOH said steel should start being erected in early next year with completion forecasted for winter 2026. Holland Avenue According to Gaskins, the DOH intends to award a contract to resurface Fairmont Road / Holland Avenue in the 2026 fiscal year, which begins July 1. The project will run from a point near the Wes Mon Plaza to the Joseph Bartolo Memorial Bridge, more commonly known as the Westover Bridge. Gaskins said the DOH is currently waiting on Westover's Holland Avenue stormwater and sewer line replacement project to wrap up. That project is expected to be completed in late June and will leave the road with an asphalt base. Gaskins said the DOH will follow with a full-width overlay. "We also have a project on the Joseph Bartolo Bridge that's being let as we speak. That will involve a deck overlay, drainage corrections, new expansion joints and all that, " he said. "So, you're going to get new pavement on 19 and the bridge will be redecked about that same time. So, hopefully you guys get some long-needed relief over there because I know you've been in pretty rough shape." Other projects In addition to those mentioned above, Gaskins ran through a list of projects and provided their current anticipated completion dates. — Every pothole in Monongalia County: Filled by the end of May. "You've got my word on that, " Gaskins said. — Traffic lights at I-79 Exit 155: August 2025 — Walnut Street Streetscape: August 2025 — University Avenue / Collins Ferry Roundabout: August 15, 2026 — West Run Road between Stewartstown and Point Marion Road: May 10, 2027
Yahoo
18-05-2025
- Business
- Yahoo
Green Bag roundabouts tied up in court
May 17—MORGANTOWN — For anyone who's been following the Green Bag Road saga, it likely comes as no surprise that the project to construct a pair of roundabouts finds itself parked in court. West Virginia Division of Highways District 4 Manager Earl Gaskins explained as much during a recent conversation with members of the Morgantown Monongalia Metropolitan Planning Organization. "The Green Bag Road, as you guys can imagine, we're fighting with right of way on that. Right now we currently have eight parcels we have not acquired. We're moving for eminent domain on that, so we're waiting on the court system, " he said. "One of the things I'm seeing is we're overwhelming the court system. Everybody's busy, and by throwing these eminent domains in, we're overburdening the court system itself, but we're moving forward with that. Everything's looking good. Looks like we'll be able to get these knocked out here pretty soon and we'll get moving on the actual project." Eminent domain is the power of the government to pay fair market value to take private property for public use — even if the property owner doesn't want to sell. Conversation about Green Bag and its potential as a sort of Morgantown bypass for heavy trucks has been going on more than a decade. The discussion took on a different tone starting in 2018-2019 when it became clear the DOH was prescribing roundabouts to address backups at its intersections with Kingwood Pike and Mississippi Street intersections. But roundabouts require land. Notably, some of the land required is owned by the Hastings family and the site of a community garden. The family was outspoken in opposing the plan and ultimately pressured the DOH to conduct an environmental study for a project it initially said was exempt from such consideration. In early 2022, the DOH issued its findings of no significant environmental impact. Even so, a requirement to fund community gardens was attached to the project as a means of addressing the loss of the garden property. The MPO has recently distributed a total of up to $15, 000 to support the establishment of three community gardens. The Green Bag Road project bid was awarded to Mountaineer Contractors on Dec. 6 for $18, 332, 804.40 in December. The DOH previously said work on the project was likely to begin this spring and conclude in the fall of 2027. The Dominion Post reached out to the DOH to ask if work would commence despite the right-of-way delays, but did not receive a response in time for this report. Morgantown Industrial Park access bridge Much like Green Bag Road, Gaskins said the DOH is still working through right-of-way issues for the $59.7 million effort to span the Monongahela River to connect the Morgantown Industrial Park directly to U.S. 119 (Grafton Road). "There are still two parcels we're fighting with. One is the railroad and the other one is a property we'll have to take through eminent domain, " he said. According to Gaskings, Triton Construction has submitted a value engineering plan that would lower the cost to the contractor to build the project. Those plans are currently being reviewed by a third party. "I don't want to be in a position where we can save money and we don't, and I also don't want to be in a position where this engineer and that engineer feel like they're just fighting back and forth, so we requested a third party to take a look at it." As of the end of April, the DOH said steel should start being erected in early next year with completion forecasted for winter 2026. Holland Avenue According to Gaskins, the DOH intends to award a contract to resurface Fairmont Road / Holland Avenue in the 2026 fiscal year, which begins July 1. The project will run from a point near the Wes Mon Plaza to the Joseph Bartolo Memorial Bridge, more commonly known as the Westover Bridge. Gaskins said the DOH is currently waiting on Westover's Holland Avenue stormwater and sewer line replacement project to wrap up. That project is expected to be completed in late June and will leave the road with an asphalt base. Gaskins said the DOH will follow with a full-width overlay. "We also have a project on the Joseph Bartolo Bridge that's being let as we speak. That will involve a deck overlay, drainage corrections, new expansion joints and all that, " he said. "So, you're going to get new pavement on 19 and the bridge will be redecked about that same time. So, hopefully you guys get some long-needed relief over there because I know you've been in pretty rough shape." Other projects In addition to those mentioned above, Gaskins ran through a list of projects and provided their current anticipated completion dates. — Every pothole in Monongalia County: Filled by the end of May. "You've got my word on that, " Gaskins said. — Traffic lights at I-79 Exit 155: August 2025 — Walnut Street Streetscape: August 2025 — University Avenue / Collins Ferry Roundabout: August 15, 2026 — West Run Road between Stewartstown and Point Marion Road: May 10, 2027
E&E News
16-05-2025
- Business
- E&E News
GOP plan would let oil, carbon pipelines use eminent domain
A House Republican proposal to extend federal eminent domain power to developers of oil, hydrogen and carbon dioxide pipelines would rewrite decades of oversight — and likely anger a swath of rural voters. The proposal was rolled out as one small part of the GOP party-line megabill that the House Energy and Commerce Committee advanced this week. Easing regulatory requirements on pipelines has already drawn the ire of environmental groups, who oppose new fossil fuel projects. The fate of the reconciliation bill remains up in the air, meaning the pipeline provision could still be altered or deleted. Advertisement But moving to broaden companies' ability to take property from unwilling sellers stands to upset rural Republicans who have increasingly protested the use of eminent domain by private pipeline builders. In particular, landowner opposition in Iowa and South Dakota has derailed a 2,500-mile carbon dioxide pipeline network proposed for six states in the Midwest. Opponents see the reconciliation proposal as an effort to revive the project from Summit Carbon Solutions.
