Solberg Airport wins Appeal of Eminent Domain

The Eminent Domain of Solberg Airport has been postponed and a trial ordered. The local town of Readington is using Eminent Domain to destroy the private airport to prevent expansion and improvements approved by the FAA and NJDOT. Recent growth in the area, including the "Global Headquarters" of Merck Pharmaceuticals and Chubb Insurance company have put increased demand on the airport. The local town makes the very conflicted arguement that expansion will greatly increase traffic, but there is no demand to justify the expansion.

The town, county and congressional district are all republican. Yet it appears these republicans no longer support private enterprise nor private property rights. While the local government approved the airport over 70 years ago, it was never included in local land use planning, resulting in homes and schools built unreasonably close to active runways. Town officials reportedly told potential residents that the airport would never expand. This appears to have deceived residents into home buying decisions they may not have made. Recently a school was built at the end of a runway with full knowledge of the airport, including a warning from the NJDOT of the proximity to the airport. Rememer that the airport has no control over local land use decisions.

Yet, this airport is located in one of the greatest concentrations of economic activtity on the planet, in an area with decades of air traffic delays due to congestion and inadquate airports.

It is unreasonable to consider "moving" the airport. The airport is significantly dependent upon geography. It lies midway between Newark and Allentown airports as well as midway between Morristown and Trenton airports. In addition, moving the airport would simply shift the noise impact into a new area.

In the Eminent Domain brief by the town, they argue that they should have exclusive control over the growth of the airport, by pointing out that 6 other airports in other towns should accept the proposed growth. Sorry, but you can't have it both ways. Secondly, this is utter nonsense; it is physically impossible since none of these airports have adquate land (Solberg is over 700 acres where the other six average 100 acres), nor do they have a crosswind runway, nor do they have a VOR for navigation, and none are located where Solberg is located!

The town argued that condemnation of the airport was necessary to meet "Open Space" goals, Yet the town has already preserved vast amounts of the town (nearly 30%).

Indeed the 3 judge panel concluded that the government in Readington was deceptive (i.e. They Lied?) about their true intentions or motivations. They are less interested in preserving open space than they are about preventing airport expansion.

We expect any jury of reasonable people will agree.

The towns lawsuit demanded that Solberg Airport pay taxes on the land taken by the Eminent Domain action! This seems to confirm that part of their strategy is to bankrupt the airport through frivolous litigation.

This fight is not over. Now the airport will have to defend itself in a trial.

This sad story confirms the position that airports should have better legal protection against unreasonable litigation, that airports representing Interstate Commerce, should have some due process by which to make reasonable improvements and meet current FAA regulations and public safety standards.