Public Advocate Joins Long Branch Residents

Long Branch, NJ –Public Advocate Ronald K. Chen today announced his intention to participate in an appeal being brought by 38 city residents who are fighting the condemnation of their beachfront homes to make way for an upscale condominium project.

“Eminent domain is an awesome power that should be used only in narrow and rare circumstances. The New Jersey Constitution appropriately imposes stringent limitations on the ability of local governments to use it for private redevelopment,” Chen said. “The facts in this case raise serious concerns regarding whether these homeowners received fair treatment throughout this process, and I believe it is appropriate for the Appellate Division to review this case.”

Chen said he will move to appear in this case as amicus, or a ‘friend of the court,’ and that the Department will file the necessary motion papers within two weeks of the filing of the actual notice of appeal. Chen made the announcement at a news conference held by the homeowners appealing their case to the Appellate Division.

The City of Long Branch is seeking to raze the neighborhood to make way for 150 upscale residential units and 5,000 square feet of retail or commercial space.  The group of homeowners are referred to under the acronym MTOTSA (Marine Terrace, Ocean Terrace and Seaview Avenue), which represents the streets on which the condemned properties are located.   Condemnation notices were issued to the MTOTSA homeowners in September 2005. This past June, the homeowners challenged the City’s condemnation of their homes, but Superior Court Judge Lawrence Lawson ruled in favor of the City.

The Public Advocate began investigating the use of eminent domain for private redevelopment last March.  The research included site visits to Long Branch, Lodi and Camden, as well as discussions with a range of state and local government officials, state and national experts, and a wide range of interest groups.

On May 18, 2006, the Public Advocate issued a report with recommended reforms needed to prevent abuses and ensure fairness for property owners.   The report called for reforms in three major areas:

• Revise the criteria for designating an area as “blighted” (triggering the ability to use eminent domain), to ensure blight designations are based on objective and legitimate criteria;
• Reform the process to ensure local governments engage in a redevelopment process that is transparent and fair to property owners and tenants;
• Require that homeowners be compensated with at least the replacement value of the home so that they can remain in their communities, and that tenants receive needed assistance.

The Department subsequently worked closely with members of the Legislature to help craft a reform bill, A-3257, which passed the Assembly on June 22, 2006.

Chen noted that one major concern identified in his department’s study was the inclination of planners and local officials to look at a property not in terms of what it presently is, but in terms of what it could be if developed.

“The only fact relevant when an area is deemed to be blighted is the current condition of the properties within that area, not what a planner dreams the property could be some day,” Chen said. “Simply put, eminent domain laws should rarely be used in the case of private development. To maintain the integrity of the law, local governments must adhere to a fair and open process, so the individual rights of homeowners are not violated.”

Read the Advocate's brief.

Learn more about eminent domain.