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Last week, we praised the settlement between Long Branch and a group of homeowners who fought for years to keep the city from condemning their seaside bungalows in order for a developer to build expensive new condos.

Yes, that settlement was heartening and a long time coming. But here's the flip side: It's a shame those homeowners had to rely on a protracted, expensive court battle to get justice. And one reason property owners in New Jersey have had to rely so heavily on the courts to fight condemnation is that New Jersey has failed to pass a bill reforming the eminent-domain laws in the state.

Since a 2005 U.S. Supreme Court ruling that eminent domain could be used to take private property if a community would benefit economically, a national backlash spurred 43 states to change their eminent-domain laws to better protect property owners. New Jersey was not among them.

The courts have provided relief for some homeowners. But it would be much better if state law required municipalities to follow tighter, more objective critieria for finding "blight" - and if homeowners were provided more compensation and protections. Sure, some cases will inevitably wind up in court, but they will be fewer. And far fewer homeowners would be put through the emotional and financial wringer of fighting to keep their homes.

A bill that would reform eminent-domain laws to give homeowners greater protections has been stalled in the state Legislature for years. Last spring, lawmakers announced they reached an agreement on a modified bill that would tighten the criteria to determine whether a parcel is blighted and in need of redevelopment and require that municipalities provide proof that properties meet objective criteria. It requires that eminent domain be used within five years of a redevelopment plan, so property owners aren't left in limbo. For people who are displaced, it increases rental assistance. It also incorporates into law Gov. Jon S. Corzine's executive order banning campaign contributions from redevelopers from the onset of the redevelopment process to completion.

Does passage of that bill mean that no one will ever be displaced from their home for a private redevelopment project? No. But it does ensure homeowners won't get easily steamrollered by a town.

When legislators go back to work after the election, eminent-domain reform should be among thei first priorities. New Jersey has already dithered far too long on this important piece of legislation.

2 comments:

• IzzyStone (307) posts 11:30 am

  "Since a 2005 U.S. Supreme Court ruling... a national backlash spurred 43 states to change their eminent-domain laws to better protect property owners. New Jersey was not among them." //// gosh, really? America's most seamy & corrupt Democrat fiefdom? resistant to "CHANGE"?? why would those Jersey greedsters do ANYTHING that would lessen the burden on "wealthy" [$250,000.00-plus income], meaning white/GOP/suburban, property owners. "Eminent domain" is an excellent source of $$$$ graft, of course, as was seen in the landmark Monmouth County political corruption case.

• Rgober (3) posts 7:59 am

  My hats is off to you for your Editorial on Eminent Domain Reform. The Press of Atlantic City has come along way in the last 10 years on this issue and so has the general public. Taking peoples homes to give to some fat cat developer is WRONG, WRONG, WRONG! There are no compromises available on this issue. Case after case after case is turning around to the public’s side. The Supreme Court was wrong! And they allowed each State to act as they saw fit. Ands as your Editorial clearly says, 43 States have but New Jersey is one of the holdouts that has not. Now you ask why is that? Let me answer it for you. Our State has been run by the League of Municipalities for ages and they want the ability to take peoples homes. How many more of our New Jersey elected officials are going to have to go to jail for corruption, bribery, etc, etc before they realize, “Ya gotta stop doing this”! DUH!! HELLO!! ANYONE IN THERE? And we really think they are going to stop Eminent Domain Abuse in New Jersey?? Wishful thinking! Sure, they will finally pass some watered down feel good bill that will give some of us a comfort level, that there must be more transparency in the taking of peoples homes, but it will not change anything. Shame on all of us for burying our head in the sand and allowing this to occur right before our very eyes. A soft Real Estate market has been the only deterrent recently, but when the market rebounds the fat cat developers will once again be there with saliva running out of both does of their mouths, just waiting to pounce on the unfortunate who will just happen to be in the way. We all know the bottom line here. Money talks and b/s walks.

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