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Last modified
2/21/2024 11:36:29 AM
Creation date
2/21/2024 11:34:32 AM
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Planning Files
Planning Files - Planning File #
1815
Planning Files - Type
Rezoning
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[I. ZONING. <br />It is generally recognized that when Congress acts through <br />its postal power, its power under the supremacy clause to super- <br />sede conflicting state law is as broad as it is in its exercise <br />of power over interstate commerce. See generally 62 Am. Jur. 2d <br />Post Office, Section 7. The courts which have considered the <br />issue have generally concluded that this means that local zoning <br />ordinances and regulations have no applicability to Post Offices. <br />See generally Crivello v. Board of Adjustment of Boro of Middle- <br />sex, 183 F. Supp. 826 (D.N.J. 1960) and Thanet Corp., vs. Board <br />of Adjustment of Princeton Township, 260 A. 2d 1 (N.J. Super <br />1969). The Thanet case also stands for the proposition that this <br />immunity applies whether the Post Office owns the land or is leas- <br />ing. <br />III. TAKING OF LANDS ALREADY DEDICATED TO PUBLIC PURPOSE. <br />As you know, lands which are already devoted to a public <br />purpose are immune from further takings unless there is a su- <br />perior use involved in the subsequent taking. I think there is <br />no question that when the specific taking is directly authorized <br />by statute, the federal government can take land devoted to a <br />pre-existing public purpose. For example, in United States vs. <br />4450.72 Acres of Land, 27 F. Supp. 167 (D. Minn.), aff'd Minne- <br />sota v. United States, 125 F. 2d 636 (8th Cir. 1942), the Court <br />upheld the federal government's power to take by eminent domain <br />for use as an Indian reservation some land which was already used <br />by the State of Minnesota for Wildlife conservation purposes. <br />However, in that case, the United States government was acting <br />2 _ <br />
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