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Long Branch antagonists react to report on eminent domain
Posted by the Asbury Park Press on 05/19/06BY CAROL GORGA WILLIAMSCOASTAL MONMOUTH BUREAU State Public Advocate Ronald K. Chen made friends when he came to Long Branch two weeks ago to tour the redevelopment areas and visit with those affected by eminent domain, the people he met say. But opinions are divided on whether his report, released Thursday, goes far enough in addressing the controversial practice. Mayor Adam Schneider said Chen's recommendations "sound reasonable." But for Frances T. DeLuca, who lives in the Marine Terrace, Ocean Terrace and Seaview Avenue area commonly known as MTOTSA, any document that permits the continuing use of eminent domain, however limited, is problematic. Chen makes two key points in his report. One is: "Unfortunately, in New Jersey, the current laws governing the use of eminent domain for private redevelopment do not adequately protect the rights of tenants and property owners." The other is: "The Department of the Public Advocate believes, however, that redevelopment of truly blighted areas is a legitimate public purpose that serves the greater good by helping revitalize communities and create more opportunities for residents." Defining "blighted" Bill Potter of the statewide Coalition Against Eminent Domain Abuse said Chen, a constitutional lawyer, did much to refocus the debate on constitutional arguments. Those arguments include what leaders meant by a very specific definition of blight in 1947 and in 1949 when the Legislature first attempted to define the term. In the 1992 Housing and Redevelopment Law, blight was changed to "an area in need of redevelopment" and the definition became vague. "If the advocate's position were law today, or was being interpreted by courts that way, we wouldn't see all of this eminent domain abuse in Long Branch or Asbury Park or Lodi," Potter said. He predicted lobbying by developers, the New Jersey League of Municipalities and local officials who don't want the law changed. "I anticipate — what's the _expression_ — a long hot summer," he said. Because of New Jersey's population density, aggressive land preservation and smart-growth policies and with efforts to channel growth into cities and towns that have already been developed, the prosperity of New Jersey's communities "is more reliant on redevelopment than perhaps any state in the nation," Chen writes. But why should current residents have to suffer because of that, asked DeLuca, who supports Chen's call for better public notice when municipalities are attempting to declare an area a redevelopment zone. "This is not done because you want space," DeLuca said. "This is done because the oceanfront is prime real estate . . . If we're running out of land, we should stop building." On fair compensation William Giordano, whose family owns a home in the MTOTSA community, also believes it is wrong to use eminent domain to take the property. But he was gratified to learn Chen's report includes provisions for increasing compensation for homes that are taken. Schneider said Chen's proposals, while varying in some specifics, would not change in substance the way Long Branch approached redevelopment more than 10 years ago. Long Branch was in a unique position because its governing body had the staying power to see it through, which is unlikely to occur nowadays because of the controversy over eminent domain, he said. But except for the last three years, Long Branch's redevelopment has been without controversy, Schneider said. "He's acknowledging, from the sound of it, revitalizing is for a public purpose," Schneider said of Chen. "Once you acknowledge that, most of the arguments that have been made against what we have been doing fail." Assemblyman Michael Panter, D-Monmouth, said he was pleased Chen addressed eminent domain but said his recommendations didn't go far enough. Panter said his bill (A-537) would prohibit the use of eminent domain for redevelopment of all properties that are up to code. Michelle Bobrow, whose seasonal home in Beachfront South could be seized by eminent domain, said she thinks the report is "a good start." "It will level the playing field so that developers and municipal governments can no longer define the agenda," she said. She wants to see the ethics reform that Chen proposed make it through the Assembly Commerce and Economic Development Committee. "If we eliminate pay-to-play in allowing developers to make sweetheart deals with municipalities, I think we'll go a good way to remedying some of the ills of the situation," she said. Bobrow is concerned, however, because some members of the Assembly are mayors who rely on the power of eminent domain in their hometowns. "While they acknowledged a need to change the law, we were told in advance that not everyone would be happy," she said. "If they give us a fighting chance, I'll be happy."
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