Township Files Complaint to
Condemn & Acquire Miry Run

TOWNSHIP FILES CONDEMNATION ACTION AGAINST FORMER MIRY RUN GOLF COURSE

VIEW AMENDED RESOLUTION 2018-249
 
ROBBINSVILLE, NJ - (November 29, 2018) – Some 14 months after Township Council passed a Resolution reaffirming a commitment to acquire the real property commonly known as the Miry Run Golf Course, the Township Wednesday filed an action of taking in NJ Superior Court.

The Township has determined that acquisition of the Property – Block 28, Lots 14, 16, 51, 53 and parts of Lots 7, 11 and 13 as shown on the official tax Maps of Robbinsville Township - is in the public interest. The filing is another step toward enabling the Township to continue preserving open space and further the goals set forth in the Township Master Plan.

"I think most people will happy it’s getting done,” Mayor Dave Fried told The Robbinsville Advance. “It’s frustrating for some people how long these things take. But you also want to be really, really fair to property owners. You don’t want to use condemnation willy nilly. It’s something you want to be thoughtful with.  For us, it is a tool of last resort.

The Township will acquire the Miry Run property, either through voluntary negotiations with the property owner, Spring Garden Country Club Inc. or through condemnation pursuant to the Eminent Domain Act, N.J.S.A. 20:3-1. The appraised value of the property was determined to be $1.34 million. 

The Eminent Domain Act provides a procedure for a municipality to engage in formal negotiations and, in the event such negotiations are unsuccessful, to file a condemnation action and to secure a determination as to the price to be paid as fair and just compensation in advance of the filing of a declaration of taking.

Robbinsville Township prefers to acquire Miry Run via voluntary negotiations and has submitted a fair and just offer above the appraisal value. That offer has been repeatedly rebuffed by the current property owners.

The Township is scheduled to appear in NJ Superior Court again March 14, 2019 to present its case that the Miry Run property is a public use. 
 
-RT-
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