KEAN LEGISLATION ADDRESSING EMINENT DOMAIN CONCERNS IS CONSIDERED BY COMMERCE COMMITTEE

BILLS EXPAND PUBLIC NOTICE REQUIREMENTS, REQUIRE VOTER APPROVAL AND INCREASE MONETARY COMPENSATION TO PROPERTY OWNERS
May 11, 2006
Assemblyman Sean Kean/732-974-0400
Assembly Republican Office/609-292-5339

KEAN LEGISLATION ADDRESSING EMINENT DOMAIN CONCERNS IS CONSIDERED BY COMMERCE COMMITTEE

BILLS EXPAND PUBLIC NOTICE REQUIREMENTS, REQUIRE VOTER APPROVAL AND INCREASE MONETARY COMPENSATION TO PROPERTY OWNERS

A package of bills sponsored by Assemblyman Sean Kean that would reform New Jersey's eminent domain laws to provide earlier public notice of proposed redevelopment projects, voter input on condemnation decisions, and increased compensation for people who lose their property was discussed by an Assembly panel today.

"These bills will ensure that affected owners have ample notice of plans to seize property through the use of eminent domain powers, and that the voters in a town have an opportunity to reject the use of eminent domain powers in a public referendum," said Kean, R-Monmouth. "I also want to ensure that if a property is taken, the owner is sufficiently compensated not just for the value of the property, but also for the difficulties posed by being forced to relocate."

The three bills were discussed as part of a hearing on a number of eminent domain reform proposals that have been introduced in the Legislature this year. The hearing was held by the Assembly Commerce & Economic Growth Committee, chaired by Assemblyman John Burzichelli, which has been studying the eminent domain issue in a series of hearings this year.

There are three bills in the eminent domain reform package introduced by Kean that were discussed at today's hearing and they include:

• A-2017 -- Legislation that would require increased notice to property owners who would be affected by proposed redevelopment plans. The bill calls for certified mail notifications of the plan and requires the municipality to adopt a series of ordinances throughout the process giving those affected an opportunity for input.
• A-2018 -- Legislation that increases the compensation paid to owners whose property is taken through the use of eminent domain powers for private economic development purposes. This would expand on the current requirement that property owners be paid fair market value, and would require the payment of an additional $100,000 to ease relocation.
• A-2019 -- Legislation that requires a municipal referendum prior to the condemnation of private property when the sale or transfer to a private entity for economic development purposes is contemplated. This would give a town's voters direct input on any decision to seize home or businesses from property owners as part of a redevelopment plan.

"The right to own property is one of our most fundamental constitutional rights," Kean said. "While eminent domain can sometimes be used in a positive way to redevelop blighted areas, we need to ensure that the rights of owners who keep their properties well maintained and up-to-code are protected."

Kean thanked Chairman Burzichelli for posting the bills for discussion and said he hopes the bills will be voted on at a future committee meeting.

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