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N.J. laws urged to end eminent domain abuse
State public advocate says owners need fair treatmentPosted by the Asbury Park Press on 05/19/06BY GREGORY J. VOLPEGANNETT STATE BUREAU TRENTON — The state needs to make it more difficult for government to use eminent domain for redevelopment and require fairer compensation for those whose property is taken, state Public Advocate Ronald K. Chen said in a report released Thursday. The report — Chen's first charge as the state's first public advocate in more than a decade — says current eminent domain laws "do not adequately protect the rights of tenants and property owners." The way the law reads now, Chen said, even his Berkeley Heights home could be subject to eminent domain if township officials decided they could get more ratables. "We must ensure the rights of New Jersey families are protected," Chen told the Assembly Commerce and Economic Development Committee, adding that the state's eminent domain regulations need serious reform. The process "must be for redevelopment and must be limited to truly blighted areas," Chen said. "Under current laws, a family can have its property taken but the compensation it receives may not be enough to allow that family to ever own a house in their community again. This is unconscionable." A U.S. Supreme Court ruling last year in a lawsuit against New London, Conn., gave wide latitude to local governments wanting to seize private property to promote economic development. List of recommendations The report, issued in response to that ruling, recommended several legislative changes, including: More specific and objective definitions of the term "blighted." Clearly written notice to residents who may lose their property. An appeal process for residents whose property is deemed blighted. Offering residents the opportunity to rehabilitate their properties themselves. Relocation plans for displaced tenants. Compensating homeowners whose sites are taken by the amount it would cost to buy similar property elsewhere in town. Stricter pay-to-play laws limiting campaign donations by redevelopers. Chen released his report online, then presented it before the Assembly panel, which has been holding hearings this session on whether to change redevelopment laws. Both Sen. Ronald Rice, D-Essex, chairman of the Senate Community and Urban Affairs Committee, and Assemblyman John Burzichelli, D-Gloucester, committee chairman in the lower house, said they are preparing legislation to prevent abuse of eminent domain powers. Gov. Corzine, who was only briefed on the report, said he "probably had a more aggressive position" during the campaign than Chen advocates. He proposed limiting eminent domain to rare and exceptional circumstances. "I think there is hope" Michelle Bobrow, a Maplewood resident who owns a home in Long Branch and is concerned municipal government may take the latter house, was pleased with Chen and lawmakers. "I think there is hope," Bobrow said. "I certainly am optimistic that the process is moving fast enough to save my home and my neighbors' homes." Environmentalists, who want eminent domain restricted, said the report was a good solution to abuses of eminent domain. "The question will be whether the Legislature implements it," said Jeff Tittel, director of the New Jersey chapter of the Sierra Club. Assemblyman Guy Gregg, R-Morris, liked the proposal even though he prefers a public referendum to restrict eminent domain for private purposes. "We should put it on the ballot — extreme cases — and we should define it very tightly," Gregg said. Chen said he would not advocate abolishing eminent domain nor call for a moratorium until reform is enacted. He said his office will continue to monitor its use but is not yet planning to become involved in individual cases. YAHOO! GROUPS LINKS
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