New Jersey Residents Voice Redevelopment Project Concerns
Residents of Hamilton, New Jersey, and Camden, New Jersey, voiced the same concern about redevelopment projects at their respective city council meetings this week: Promise that you will not take our properties through eminent domain.
In Hamilton, where the redevelopment area in question encompasses 1,000 acres and 191 properties, council members have previously stated that they would not support the use of eminent domain in conjunction with the project. However, Hamilton residents would like the redevelopment designation removed because the “blight” designation conjures images of rundown and dangerous neighborhoods. For Camden residents, the council made similar promises to not take occupied properties in its redevelopment area, and would instead focus on abandoned and vacant lots. The Camden plan was designed following the rejection of its previous plan by the courts in 2006.
Under New Jersey law, once an area is designated as being “in need of redevelopment”, the municipality in question has the power to utilize eminent domain on properties within that area to effectuate the goals of any redevelopment plan which is adopted. As a result, unless properties are removed from the redevelopment area by modifying its boundaries, or the designation is rescinded, the properties within any redevelopment area run the risk of being taken by eminent domain in the future, even where elected officials publicly announce that they have no such intentions — at least at that time.
For more on challenged redevelopment plans, please see the following blog posts:
Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice
Court Refuses to Hear Columbia University Redevelopment Case
N.J. Supreme Court: Tenant Has Clout to Negotiate in Condemnation
Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project
The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA, in the preparation of this article.
Related Articles
- Should New Jersey’s Eminent Domain Laws Be Bulldozed? (njcondemnationlaw.com)
- Asbury Park Asks Judge to Cancel Redevelopment Contract (njcondemnationlaw.com)
- Camden City Council unanimously approves new Cramer Hill plan (philly.com)
- Calif. youth center wins eminent domain battle (seattletimes.nwsource.com)
- N.J. Supreme Court gives commercial leaseholders more clout in negotiating eminent domain cases (nj.com)
- Jerry Brown’s Proposal to Abolish California’s Redevelopment Agencies Would Help End Eminent Domain Abuse (volokh.com)
