Yes, if the procedural and due process requirements of the Eminent Domain Procedure Law are complied, a church or synagogue’s land may be taken by eminent domain. Religious organizations often alleged that they are protected by the Religious Land Use and Institutionalized Persons Act (42 USC § 2000cc et seq.). However, the Act only applies to a zoning and landmarking law. Case law provides that a government’s exercise of eminent domain does not constitute an application of a zoning law. See St. John’s United Church of Christ v City of… read more
August 2, 2022