New Jersey Legislators Send Weak Eminent Domain Reform to the Governor
“his week, New Jersey lawmakers sent legislation to Governor
Chris Christie that would reform the state’s eminent domain laws.
If Christie signs, New Jersey would become the 45th state to pass
reforms since the U.S. Supreme Court ruled against homeowners in
Kelo v. New London in 2005.
Unfortunately, the legislation provides scant protections for
property owners. The companion bills (S-2447 and A-3615) each allow
local officials wide latitude to declare property blighted, which
authorizes the use of eminent domain for private redevelopment
projects.
The bills do provide for “non-condemnation redevelopment areas,”
which allow developers to access the subsidies that come with a
redevelopment designation—without granting eminent domain. That
option is very much in demand; property owners often don’t oppose
redevelopment if the power of eminent domain is removed.
But, weirdly, the bills allow for turning a non-condemnation
area into a condemnation area when a property owner is unwilling to
sell to officials’ preferred developer. Sort of negates the whole
point.”
Before Its News 22 June 2013.