by Joseph Grather / New Jersey Condemnation Law
New Jersey Governor Chris Christie signed into law bipartisan legislation (A-3615/S-2447) (full text here) this week that was intended to correct several due process and constitutional failures in the prior statute found by the New Jersey Courts in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008); and Gallenthin Realty Development v. Paulsboro, 191 N.J. 344 (2007). in particular, the new law mandates that adequate notice to affected owners in redevelopment areas, and also clarifies the criteria for determining whether a blighted area exists under New Jersey’s Local Redevelopment and Housing Law.
The other significant provision of the legislation is that it gives local municipalities the option of using eminent domain in designated redevelopment areas, or proceeding with redevelopment without allowing eminent domain for assemblage of properties. This measure is viewed as a way of increasing protection to existing property owners in redevelopment areas.
A Politicker NJ Press Release on the legislation is available here.
Our prior blog post on the legislation with more detail and history is available here.
Originally published by New Jersey Condemnation Law on Sept. 11, 2013; republished with permission
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