Whenever a municipality designates an "Area in Need of Redevelopment" it has
the power, under redevelopment law in the State of New Jersey, to use eminent
domain. Currently, state law gives the municipality the authority to take
private property to implement a redevelopment plan in those "Ares in Need of
Redevelopment". Governing bodies can choose not to use the power.
In an effort to explain what eminent domain abuse is, according to the
Public Advocate, the current laws:
allow for use of eminent domain in areas that do not meet the constitutional
requirement of a blighted area;
require little meaningful notice to affected tenants and property owners;
offer few opportunities for real public participation;
provide little meaningful opportunity to appeal the designation of blight to
an impartial third party;
allow for vague redevelopment plans that are not developed in conjunction
with the community and can be unlimited in their duration;
permit compensation for taken property that is so low that it does not allow
a homeowner to ever own a home in their town again;
do not require sufficient relocation planning, and
are governed by ethics rules not strong enough to engender confidence in the
redevelopment process.
In Asbury Park, it's clear that when people heard the word "redevelopment"
they got very excited and looked forward to their neighborhood coming back,
tourists coming in, investments being made. Unfortunately, the reality of
redevelopment may actually be to wipe out entire neighborhoods and force
current residents and businesses out. All without just compensation. I know of
one woman who was given an apraisal for a multifamily house a few blocks from
the ocean that will not cover the cost of one half of a studio apartment in the
condos being built on the waterfront. That's beyond "not fair." It's government
sponsoring the taking of private property and giving it to another private
party at bargain basement prices.
The intention of eminent domain was to allow for the government to take
private property for the public good, such as in building schools, roads,
hospitals, etc. and offering just compensation. Eminent domain has it's place.
Eminent domain abuse needs to stop.
Kerry Margaret Butch
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