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Eminent Domain Hearing Monday

On Monday, May 5, 2008, the Senate Community and Urban Affairs Committee will hold a hearing and possible vote on eminent domain legislation, S757 - Rice (D28). The bill revises current procedures for the use of eminent domain in municipal redevelopment programs.

The legislation will impact on all New Jersey property owners and municipalities, hopefully narrowing it's usage criteria in order to minimize abuse.

New Jersey Public Advocate Ronald K. Chen has released two reports on eminent domain abuse calling upon the Legislature to reform the state redevelopment law. A few of the Public Advocate's reform recommendations include: making it easier for municipalities to declare an area "in need of rehabilitation;" requiring 60 days notice to tenants and property owners in advance of a hearing on a blight designation; and redefining the term "blight" to encompass an area's current condition rather than its potential.

While recognizing that eminent domain can be a valuable community tool for redevelopment and growth, the NJAR believes that the fundamental rights of private property owners should be affirmed and protected, especially when there is no neglect on the part of the owner and property is given to another private owner under the guise of development. It also recommends providing proper advance notification; requiring the burden of proof to rest with the entity taking the property; providing availability of comparable, accessible and affordable replacement housing; and giving displaced owners the right of first refusal of new property when it becomes available.

Source: NJAR

Posted by Lawrence Yerkes - Broker Associate, Southern New Jersey Real Estate Services on 05/03/2008 09:29 PM

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new jersey, legislation, eminent domain, nj

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1 Comments on Eminent Domain Hearing Monday

Eminent Domain is a huge issue in many places. We have had a few here and with a proposed new rail system, it will be a topic of heavy debate.

05/03/2008 11:43 PM

by Randy L. Prothero - Hawaii REALTOR® (Century 21 Liberty Homes)

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