Eminent Domain Reform Legislation Fails in NJ Senate

Name: McKirdy & Riskin, P.A.
Address: 136 South Street, Morristown, NJ, 07850
Telephone: 973-539-8900

Home » Condemnation Law » Eminent Domain Reform Legislation Fails in NJ Senate

by: Anthony F. Della Pelle

11 Jan 2011

Last week, the New Jersey Senate failed to adopt the latest version of Senate Bill 1451 after the bill’s sponsor requested the bill be pulled with support from only 13 senators. The bill would redefine the term “blight” based on the New Jersey Supreme Court’s 2007 opinion in Gallenthin Realty Development Inc. v. Paulsboro, 191 N.J. 344 (2007), enhance notice requirements to property owners in accord with the Appellate Division’s opinion in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), and provide property owners with more say in the pre-litigation process. It also had other provisions which would have altered both New Jersey’s Eminent Domain Act and the Local Redevelopment and Housing Law.

Since the legislation has not been enacted, New Jersey remains as one of the few states to fail to adopt any meaningful eminent domain legislative reform since the 2005 landmark ruling of the United States Supreme Court in Kelo v. City of New London. Despite the absence of legislative reform, New Jersey courts have scrutinized private property rights in Gallenthin, DeRose, and other opinions since 2005.

For previous blog posts on this legislation, please click here.

For previous blog posts on discussing the Gallenthin case and its impact, please see the following:

Taking of Gallenthin Property Approved

Newark Trucking Facility Not Blighted

Long Branch Owners Win on Appeal

For previous blog posts on discussing the DeRose case and its impact, please see the following:

Harrison redevelopment project halted

Trial Court Permits Redevelopment Challenge in West Windsor Despite Timeliness Objection

Tenants Not Entitled to Notice of Blight Designation

The property owners in DeRose were represented by McKirdy & Riskin’s Richard DeAngelis, Edward McKirdy and Anthony Della Pelle.

The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA, in the preparation of this article.

Related Articles