Put moratorium on land taking
Posted by the Asbury Park Press on 04/2/07
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With eminent domain reform wallowing in the Legislature, it's time
for Gov. Corzine to live up to his 2005 campaign promise to make the
issue a top priority. He should declare an immediate moratorium on
the use of eminent domain for private redevelopment. Then, he should
use his bully pulpit to bring about a law consistent with his
platform plank: that the taking of homes for economic development be
limited to "rare and exceptional circumstances."
The U.S. Supreme Court in June 2005 extended the definition
of "public use" to include private projects that serve the greater
public good. At the same time, it left the door open for states to
develop their own rules for the use of eminent domain. The
legislatures in 34 states have responded by increasing protection for
private property owners. New Jersey has failed to act.
The Assembly passed a bill that would limit what property could be
taken, place more burdens on towns seeking to declare areas blighted
and give greater compensation to those who lose property. A Senate
version bottled up in committee is tilted toward developers and would
do little to protect property owners against eminent domain abuse.
The governor should tell the Senate bill's sponsor, Ronald L. Rice, D-
Essex, who is chairman of the Community and Urban Affairs Committee,
that his bill has no shot at becoming law. Corzine should then work
with John Burzichelli, D-Gloucester, sponsor of the Assembly version,
to strengthen his bill. It lacks strong affordable housing provisions
and should ban pay-to-play campaign contributions by developers in
redevelopment zones to help ward off corruption.
Legislation would help prevent proposed takings in three New Jersey
municipalities Long Branch, Lodi and Paulsboro that state Public
Advocate Ronald K. Chen is opposing as abuses of eminent domain.
How municipalities decide whether an area is "in need of
redevelopment" the state's term for blight is central to
reforming eminent domain, Chen told the Asbury Park Press editorial
board last week. And the burden of proving the land is blighted must
rest with the town rather than the homeowner, Chen said. We agree.
It is also essential that property owners receive adequate notice and
public hearings. This is one of the issues in the Long Branch case
that involves about 20 property owners fighting the city's plan to
seize their modest homes and replace them with 185 high-priced
condominiums.
Long Branch also highlights the need for the Legislature to meet the
constitutional mandate of "just compensation" for property taking.
Compensation can't be deemed "just" without considering the
replacement value of property. In the case of some Long Branch
homeowners, the property is within sight of the shoreline.
Lodi is a striking example of the extent to which some mayors will go
to increase ratables and make their town look prettier. The borough
wants to convert a 200-unit trailer park the only affordable
housing in town, Chen said into a strip mall and upscale senior
citizen housing. That's outrageous.
In Paulsboro, the borough has defined a vacant waterfront tract
as "underutilized" so a commercial port can be established there.
Just because land is "stagnant or not fully productive" doesn't mean
it is in need of redevelopment, Chen said.
Comprehensive legislation that would define the limits of the
appropriate application of eminent domain would keep the issue out of
the courts. Corzine and the legislative leadership have the chance to
do that, if they have the will. We're not optimistic, given their
sorry record of caving in to special interests.
Even if Corzine and lawmakers withstand the opposition of developers
and the state League of Municipalities, they can expect a court
challenge to the new law. Regrettably, that will send eminent domain
and the hope of protecting the state's property owners back to square
one. That's why Corzine must impose a moratorium now and leave it
in place until the Legislature or the courts give property owners the
protections they deserve.
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