Eminent Domain Reform Bill Passed By NJ Senate

by Anthony F. Della Pelle / New Jersey Condemnation Law

Yesterday, the New Jersey State Senate approved a bill which codifies restrictions of local governments’ use of eminent domain for private redevelopment and creates an alternative to condemnation for future redevelopment projects.

The legislation, S-2447, passed on a vote of 36-1, affirms the protections afforded to property owners in redevelopment areas by New Jersey’s courts in Gallenthin Realty Developments v. Paulsboro, 191 N.J. 344 (2007), and Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008).

Significantly, the bill also provides local governments with an option to undertake redevelopment with, or without, the power of eminent domain.

The Assembly passed a companion bill, A-3615, without opposition last month.  It now goes to Governor Chris Christie for consideration.

Originally published by New Jersey Condemnation Law on June 21, 2013; republished with permission

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