A Homeless Shelter or Pickleball Courts? A Town Moves to Take a Church’s Land by Eminent Domain

• Christ Episcopal Church in Toms River, New Jersey, sits on about 11 acres.
• The church wants to replace its outreach office with a 17-bed homeless shelter and sought a zoning variance.
• The town introduced an eminent domain ordinance on April 30 to acquire four properties, including the church site.
• The town’s plan is a waterfront park with pickleball courts, a skate park and a soccer field.

A New Jersey church that wanted to build a homeless shelter now faces the prospect of losing its land to the town. The Deseret News reported that Toms River officials have moved to use eminent domain to take property that includes Christ Episcopal Church.

The church’s site covers about 11 acres. It planned to replace its outreach office with a 17-bed homeless shelter and applied to the township board for a zoning variance. The town has a different vision for the area: a waterfront park with pickleball courts, a skate park and a soccer field. On April 30 it introduced an ordinance to acquire four properties by eminent domain, the church’s among them.

The timetable was tight. A decision on the church’s variance request was expected on May 22, and the town council was scheduled to make its final decision on the land-seizure ordinance on May 28.

The church’s rector, the Rev Lisa A. Hoffman, said: “It’s just really shocking and surprising and very disappointing. There’s a lot of anger and frustration going on.” The church’s attorney, Harvey York, said: “It is blatantly illegal, improper, and violates the United States Constitution, as well as numerous New Jersey laws and case law. No town has ever done this, let alone done it to a church and it’s clearly retribution.” The Deseret News asked whether there is any religious exemption to eminent domain.

Compulsory acquisition is a real risk for any landowner near a planned public project, and Jamaica has its own laws allowing the state to acquire land for public purposes. Churches are not automatically protected. Congregations with land near roads, waterfronts or planned developments should know what compensation rules apply and should keep their valuations, titles and plans for the land up to date. A church that can show it is actively using its land, or has approved plans for it, is better placed to argue its case.

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