State's eminent domain laws need reform, public advocate says

| 29 Sep 2011 | 08:44

    New Jersey’s laws allowing government to take land for private redevelopment don’t adequately protect the rights of tenants and property owners, according to a report released last week by the state’s public advocate. The report was commissioned in response to a U.S. Supreme Court ruling last year that gave wide latitude to local governments wanting to use eminent domain — their power to seize private property — to promote economic development. They report recommended that the laws be changed to: • Narrowly tailor the qualifications to designate an area as blighted, which triggers the ability to use eminent domain. • Give better notice to tenants and property owners who will be affected. • Offer public participation when making the decision to seize a property. • Allow property owners to appeal the decision. • Fairly compensate homeowners who lose their property to eminent domain. • Allow tenants, not just property owners, to participate in the redevelopment process.