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Real Estate & Property Law

: National Eminent Domain Blog

Introduction of bills in NJ state legislature

By Alan Ackerman

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Mondaq.com

On January 12, 2010, the New Jersey State Legislature introduced four bills that indicate an intention to change eminent domain practice in the state. These bills are anticipated to help eliminate issues that have accompanied real estate condemnation in New Jersey in the past decade.

   Introduction of bills in the New Jersey State Legislature will be met with aggressive opposition. The bills provide a more reasonable relocation for single family residences, and eliminate 'pay to play' in New Jersey condemnations, and the prohibition of condemnation of residential or other non-blighted property under the redevelopment law.
    Developers have the greatest chance of succeeding at 'pay to play' because every developer can find a friend to make the same donation as the developer would have made himself. Sorry for my being so cynical, but with the recent Superior Court ruling, there is effectively no prohibition on 'pay to play'.
   The final request is a moratorium be placed on any condemnations other than for direct use of property by the state or local governmental agency or utility. This substantially modifies the existing law, and will likely be met with success.

Full post as published by National Eminent Domain Blog on February 17, 2010 (boomark / email).