Bucco-Muñoz Bill on Eminent Domain Use Now Law
“Bipartisan legislation sponsored by Assembly Republicans Anthony M. Bucco and Nancy F. Muñoz that clarifies the use of eminent domain by a municipality and amends the due process provisions of the Local Redevelopment and Housing Law (LRHL) that fall within the area of eminent domain was signed into law by Gov. Christie today.
Under the bill, A-3615/S-2447, a municipality may invoke eminent domain if an area is determined to be in need of redevelopment and after the municipality follows established criteria in making such a determination. The town may offer long-term tax abatements to developers regardless of whether or not eminent domain was needed in order to undertake the redevelopment project.
The Bucco-Muñoz bill also spells out the notification requirements and rights of property owners if a town determines an area to be a focus of redevelopment and authorizes the taking of property by condemnation. The new provisions require property owners within such an area to be advised of the municipality’s intention of whether or not it will use eminent domain at the outset. Unless a municipality properly notifies owners, the LRHL will not authorize the use of eminent domain. “
Politicker NJ 9 September 2013.