Public Advocate recommends eminent domain changes
Asbury Park Press - 05/19/06

TRENTON — The state needs to make it tougher for government to use eminent domain for redevelopment and require fairer compensation for those whose land 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 get could more ratables.

The report recommended several legislative changes, including:

  • More specific and objective definitions of the term blighted.
  • Clearly written notice to residents who may lose their land.
  • An appeal process for residents whose land is deemed blighted.
  • Offering residents the opportunity to rehabilitate their land themselves.
  • Relocation plans for displaced tenants.
  • Compensating homeowners whose land is 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, they presented it before the Assembly Commerce and Economic Development Committee, which has been holding hearings this session whether to change redevelopment laws.

Assemblyman John Burzichelli, D-Gloucester, the committee chairman, said he expects to introduce a bill as soon as next week.

"I think you'll see a theme of what he talked about reflected in the bill," Burzichelli said.

Gov. Jon S. 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.

Michelle Bobrow, a resident in Long Branch whose home has been threatened by eminent domain for a decade, 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, or will they go and do whatever they want," 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.

EDMECKA.COM COMMENTS:

The 45 page report  lists the following important POLICY RECOMMENDATIONS. 

  • Enact pay-to-play reforms that apply to all local redevelopment projects and contractors, including consultants hired as part of the project.
  • Require redeveloper contracts to be awarded through a competitive process, such as the issuance of a Request for Proposals (RFP). A waiver for this RFP requirement could be granted to very small projects or projects in which a single property owner already owns a large percentage of the redevelopment area.
  • Bar any officials working for the governing body, or consultants or lawyers working on behalf of the governing body, from participating in the redevelopment process if they have a direct personal financial interest in the redevelopment project.
  • Prohibit redevelopers or any other private entity from funding the preliminary investigation report, and require that the determination of blight be based solely on a publicly funded investigation.
  • Provide support to the Department of Community Affairs to expand planning grants and improve technical assistance offered to municipalities to help them navigate the redevelopment process without relying on the assistance of developers.
  • Require full disclosure of public benefits provided to developers in redevelopment projects. In order to create incentives for redevelopment, governing bodies often make investments or provide incentives that benefit developers, such as paying for public infrastructure upgrades, offering density bonuses or granting tax abatements. To ensure that the redevelopment process is transparent, such benefits should be publicly disclosed in a single document.

The message is clear.  State and/or local governments must enact the appropiate Pay to Play guidelines for redevelopment projects. 

Gov. Corzine, the ball is in your court.  What say you???

Ed Mecka