Eminent domain is the power the government can use to seize private property – even if the owner is not willing to sell – as long as the owner is compensated fairly.
Initially eminent domain was primarily used to facilitate essential infrastructure projects like railroad construction, roadways and aqua ducts to supply water to cities and military bases.
In the mid 20th century the Supreme Court case of Berman vs Parker significantly broadened the use of eminent domain by ruling that the government could seize private property and transfer the property to 3rd parties for redevelopment. Initially only properties that were rundown and considered eyesores to the surrounding property owners were seized. This was later expanded to include any property, regardless of the condition, as long as the third party owner could redevelop the property to bring increased tax revenue to the government.
Eminent domain has been used to displace Black families and alter Black communities often for projects that benefited other groups. A report issued by the Institute of Justice found that between 1949 and 1973 projects were carried out in 1000 cities that displaced one million people 2/3rds of which were African American.
Martin’s Home For Service has been a mainstay in Montclair since 1952. Dating back to the 1940s there have been five Black owned funeral homes in Montclair beginning with Cottons, Holcombs, Bynums, Drews and Martin’s. Martin’s is the last of those five still operating in Montclair.
Recently Martin’s was named as one of several properties in the 4th round housing and fair share plan that could potentially be a site for affordable housing in future plans. Martin’s owner Richelle Williams was blindsided by this inclusion. Montclair has met its state mandated affordable housing quota but we all know there is a need for more.
Let me make this perfectly clear – Martin’s is in no danger of being seized by eminent domain at this time, but it’s important that we understand the history of its use in the African American community.
Mayor Baskerville and the Planning Board have initiated the process to remove Martin’s name from this list. Was its inclusion a mistake, a misunderstanding, or something more duplicitous?
Montclair’s African American community needs to be more vocal, visible and vigilant in community affairs because there are policy makers and people doing business in this town that are playing chess with our future while we’re playing checkers and we wonder why our neighborhoods don’t look, feel or function like they used to.
We can begin by holding the Council accountable for reopening Firehouse 3, implementing traffic safety measures in the 4th Ward, and improving the living conditions at Union Gardens.
Jeff Grayson
Montclair
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