Neptune Proposes Eminent Domain Ban

by: Anthony F. Della Pelle
11 Jun 2009

The Neptune Township Committee introduced an ordinance this week which would restrict the township’s use of its eminent domain powers in municipal redevelopment areas.  The proposed ordinance would allow eminent domain to continue where the taking is required for “traditional” public use or public purposes, but would ban takings for redevelopment purposes where the properties in question would be transferred to a private developer.

This ordinance would not, however, apply to the West Lake Avenue redevelopment project in Neptune which is already under way, and where a private redeveloper has already been designated.  In that project, eminent domain may still be used to take properties for redevelopment purposes.

This proposed ordinance differs from the ordinance which had been introduced in January of this year, which had recommended a year-long ban on the use of eminent domain, and which also allowed eminent domain in several other redevelopment areas in Neptune.  The January version of the ordinance failed to obtain enough support and was withdrawn.

The current proposed ordinance received a 4-1 affirmative vote from the Township Committee, and is slated for public hearing at the Committee’s meeting on June 22.

Read more about the proposed ordinance

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