Is Your Municipal Government Suppose To Be A Cash Cow?
I just read an article from my state association of realtors (NJAR) pertaining to the city of Long Branch NJ pursuing its lawsuit in the Supreme Court of New Jersey. Even though the Appellate Division has sent the case back to the Superior Court where the city will have to prove the homes that were designated for redevelopment meet the criteria for a blight designation as previously designated by the state Supreme Court in 2007. But that’s not good enough for the city. Nope. They are DESPERATE for the cash profits that they can make from these deals and want to move forward. So, they want the Supreme Court to consider their case rather than the Superior Court in order to expedite the decision. If they are trying to do this, I think they feel that they will get a favorable ruling. The city knows that in the current market climate that they missed the boat and want to try to get whatever money there is left in the market…at the cost of the small, private homeowners who they probably feel are inconsequential compared to the large developers and builders who have contributed substantially to the politician’s elections.
I for one stand with NJAR and their core belief’s in regards to this issue. NJAR believes that eminent domain is the right of a government to take private property for a public purpose, usually with just compensation of the owner. NJAR®’s position on eminent domain revolves around the protection of New Jersey’s private property owners, and emphasizes community education and public input to defend against eminent domain abuse. NJAR®’s definition (and my own) of eminent domain abuse is when the government takes property away from its owner and gives (although, I have never found that any governemtn”gives” anything away) it to another private owner who will demolish the home or business under the guise of redevelopment. What I have seen is that the demolished homes and businesses are then replaced by higher priced homes and businesses. The former home owners never benefit from this forced windfall nor do they have any place in this new “neighborhood”.
I applaud NJAR®, who has testified in support of those aspects that give homeowners more notice and information about the process, and provide them with adequate compensation should their property be taken through eminent domain.
The Public Advocate urges eminent domain reform to make it easier for municipalities to declare an area “in need of rehabilitation;” requiring 60 days notice to tenants and property owners in advance of a hearing on a blight designation; and redefining the term “blight” to encompass an area’s current condition rather than its potential. Again, we REALTORS are in the forefront with the NJAR® having met with the Public Advocate and is currently working with the Homes for New Jersey coalition to ensure that eminent domain legislation considers the rights of New Jersey residents and property owners.
I agree and stand wholly behind NJAR®’s position on eminent domain and revolves around the protection of New Jersey’s private property owners, and emphasizes community education and public input to defend against eminent domain abuse.
While NJAR® understands that eminent domain can be a valuable tool in redevelopment; it strongly believes policies must be put into place to help ensure the fundamental rights of private property owners are not diminished in favor of economic development. NJAR® strongly believes that the government should not be able to take private property from owners who have lovingly maintained and give it to another private owner who will demolish the home or business under the guise of redevelopment.
It is NJAR®’s position that New Jersey home and business owners deserve proper notification of any redevelopment plans that will affect them which should be clearly defined with a timeframe for implementation. They deserve a voice in the eminent domain process, a process where the burden of proof should rest on the entity taking the property. NJAR® also supports an assessment of comparable, available and affordable housing to meet the relocation needs of residents displaced by redevelopment.
Once the eminent domain process is concluded property owners deserve compensation that will allow them to remain members of the communities they know and love. NJAR® supports the mandate that displaced home and business owners and tenants be given the right of first refusal on new property within the redevelopment project.
For those interested in learning more about recent eminent domain cases, check out the following sites:
Dutch Neck Land Co. V. Newark, 5/14/08
Harrison Redevelopment Agency v. DeRose, et al, 2/25/08
Harrison Redevelopment Agency vs. Amaral Authocenter, Inc., et al 2/25/08
Harrison Redevelopment Agency vs. Harrison Eagle, LLP., et al, 2/25/08
BMIA v. Planning Board of the Borough of Belmar, 2/4/08
Evans v. Maplewood Court Decision, 7/27/07
LBK Associates, LLC, et al. v. Borough of Lodi, et al., 7/24/07
Cramer Hill Residents Ass’n v. City of Camden, et al., 7/17/07
HJB Associates v. Belmar, et al., (Freedman’s Bakery), 7/11/07
Mulberry Street Area Property Owner’s Group v. City of Newark, et al., 7/11/07
Land Plus, LLC, et al. v. Mayor and Council of the City of Hackensack, et al., 6/29/07
Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 6/13/07
Terry Iwaniw
REALTOR Associate
First Time Home Buyer Specialist
Foreclosure Prevention Consultant
RE/MAX Home Team
609-417-1086
http://www.terryi.com/
http://www.snewjerseyhomes.com/
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