Court Ruling Adds Wrinkle to Redevelopment Plan
“Solicitor John Gillespie cited an Appellate Division ruling earlier this month that states an area—even an area deemed in need of redevelopment—must be found to be blighted in order for a governing body to invoke eminent domain.
Prior to the Appellate Division decision, areas that met any of the seven criteria for redevelopment—per state statute—were automatically blighted, Gillespie explained Monday. “The case law says, ‘No, that’s not right.’”
Under the new ruling, an area is only considered blighted—and therefore, subject to eminent domain—if it is in such a state of “deterioration or stagnation that it negatively affects the surrounding area,” Gillespie said.
Using that definition, the areas deemed in need of redevelopment by the planning board in April—all along Route 130—are not currently open to eminent domain, since the board did not address blight in any of its findings. However, Gillespie explained that township committee could remand those areas back to the planning board and ask for a determination of blight—assuming the township wants to keep eminent domain as one of the “arrows in its quiver,” he said.”
Scott, Rob. Cinnaminson Patch 4 June 2013.