Eminent Domain - Courier - Public advocate urges eminent domain reforms

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Published in the Courier News, Friday, May 19, 2006

Public advocate urges eminent domain reforms

By GREGORY J. VOLPE
Gannett State Bureau

TRENTON -- The state needs to make it tougher for government to use eminent domain for redevelopment and require fairer compensation for those whose land is taken, state Public Advocate Ronald K. Chen said in a report released Thursday.

The report -- Chen's first charge as the state's first public advocate in more than a decade -- says current eminent domain laws "do not adequately protect the rights of tenants and property owners."

The way the law reads now, Chen said, even his Berkeley Heights home could be subject to eminent domain if township officials decided they get could more taxable properties.

The report recommended several legislative changes, including:

-- More specific and objective definitions of the term "blighted";

-- Clearly written notice to residents who may lose their land;

-- An appeal process for residents whose land is deemed blighted;

Chen released his report online, then presented it before the Assembly Commerce and Economic Development Committee, which has been holding hearings this session on whether to change redevelopment laws.

Assemblyman John Burzichelli, D-Paulsboro, the committee chairman, said he expected to introduce a bill as soon as next week.

"I think you'll see a theme of what he talked about reflected in the bill," Burzichelli said.

Gov. Jon S. Corzine, who was only briefed on the report, said he "probably had a more aggressive position" during the campaign than Chen advocates. He proposed limiting eminent domain to rare and exceptional circumstances.

Michelle Bobrow, a resident in Long Branch whose home has been threatened by eminent domain for a decade, was pleased with Chen and lawmakers.

"I think there is hope," Bobrow said. "I certainly am optimistic that the process is moving fast enough to save my home and my neighbors' homes."

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