Public Advocate Urges New Hearing in Long Branch Eminent Domain Case, 1/11/07
Trenton, NJ – Public Advocate Ronald K. Chen today filed an amicus curiae brief in the Appellate Division of the Superior Court supporting an appeal by 38 Long Branch residents fighting the City’s condemnation of their beachfront homes to make way for an upscale condominium project.
“These condemnation cases against the owners of small seaside houses in Long Branch raise serious issues about the fairness, thoroughness and legality of the process by which longtime residents may lose their homes to private redevelopment,” Chen said. “The homeowners contesting the condemnation are asking for full discovery and a hearing, and we are urging the court to grant their request.” In the brief, Chen urges the Appellate Division to reverse the judgment of the trial court and to remand the matter for a full and fair hearing to resolve facts that remain in dispute. The homeowners had requested full discovery and a hearing, but the trial court denied their request. Specifically, the Department asserts that the record contains no evidence that the homeowners were given meaningful notice that their homes might be subject to condemnation. If in fact they did not receive such notice, then they had no real opportunity to contest the condemnation in the municipal hearings. “Moreover, the brief argues that the trial court erred when it decided not to permit discovery or hold an evidentiary hearing on the homeowners’ charge that three members of the City Council had conflicts of interest because they either work for or own shares in a bank that financed part of the redevelopment,” Chen said. “A conflict of interest, if established, would invalidate the proceedings that led to the condemnations.” Chen argues further that the determination that the neighborhood was blighted was based on a cursory and superficial review of the area, and that the record contains insufficient evidence to support the City’s claim that the neighborhood was blighted. The brief asserts that when homes are being condemned for private redevelopment, the local government should carry the burden of proving that the condemnation is constitutionally permissible. In May 2006, the Public Advocate released a report analyzing the use of eminent domain for private redevelopment in New Jersey. The report outlined several reforms that were needed to protect property owners and make New Jersey’s laws governing the use of eminent domain for private redevelopment more fair, ethical and transparent. The Department has worked with the Legislature to craft a reform bill which has passed the Assembly and is now before the Senate. Read the Public Advocate's Long Branch Brief. Read the Public Advocate's latest report on eminent domain. ### |
