Novad Court tract under consideration for COAH Ordinance regarding acquisition would allow use of eminent domain BY JANE MEGGITT Staff Writer MILLSTONE - An ordinance the township is considering would give officials the power to acquire a Novad Court property through eminent domain. The Township Committee voted 4-1 to introduce an ordinance Jan. 2 concerning the acquisition of approximately 18 acres on Novad Court to facilitate the township's affordable housing obligation. Committeeman Elias Abilheira cast the dissenting vote. Novad Court runs behind the McDonald's and Burger King on Route 537. Half the property there, known as Block 57.01, Lots 19.04, 21.02 and 22, consists of wetlands. According to Township Engineer Matt Shafai, the township has not yet completed wetlands delineations for the area. The ordinance under consideration would authorize studies and proceedings to commence in order to evaluate if the township should acquire the property. The ordinance under consideration would further authorize the property's acquisition by voluntary purchase or eminent domain. If the township decided to use eminent domain, the acquisition would be "pursuant to the Eminent Domain Act for an amount initially to be determined by way of appraisal of such other amount as may be negotiated or determined pursuant to the act," according to the ordinance. Abilheira said that he voted against the ordinance because it gives the township the option of using eminent domain to acquire the property if the landowner does not sell the property to the town. "While the ordinance does not require the township to go to eminent domain if the landowner does not agree to sell it," he said, "I think it would be less than honest to vote for an ordinance that references eminent domain, unless an elected official feels the factors exist that would justify such drastic government action." Abilheira said there are two schools of thought on eminent domain. He said some politicians use eminent domain more aggressively than what he thinks the framers of the Constitution intended. Abilheira said the township should not take the property on Novad Court if the owner is not willing to sell it. He also said the township should not imply that it would use eminent domain as a bargaining position unless it feels that taking the property would be a legitimate action. "I do not think the factors that would justify taking this property against someone's will exist," he said. "Though, it is a good location if the seller and the town can agree to a sale price." Abilheira said that the property's location is one of the reasons he recommended the tract for the town's Council onAffordable Housing (COAH) obligation. The Township Committee will hold a second reading of and public hearing for the ordinance at its Feb. 6 meeting.