Eminent Domain Ban Ordinance Shelved by Monmouth County Town

by: Anthony F. Della Pelle
27 Jan 2009

An ordinance that would have banned most uses of eminent domain in Neptune Township was withdrawn at a January 26, 2009 meeting of the Town’s governing body, so that it could be revised and reintroduced with different provisions at a later date.  The proponent of this ordinance, Township Committeeman Randy Bishop, pulled the proposed Ordinance so that its language could be reworked which would have a better chance of getting adopted by the Committee.

The proposed version of the Ordinance would have imposed a ban on the use of eminent domain except in areas already designated as being “in need of redevelopment” under New Jersey law, or in areas already targeted in the Township’s plans for future redevelopment designation.  It would have also prohibited using eminent domain in redevelopment areas on owner-occupied residential properties.

Other members of the Committe had expressed differing views on the proposed Ordinance, ranging from limitations on takings except for public uses such as a road, school or park, to restrictions on the abuse, but not use, of eminent domain for redevelopment purposes.

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