TRENTON, NJ -- Public Advocate Ronald K. Chen presented oral arguments today to the state Supreme Court in an eminent domain case that could shape the future use of condemnation for private redevelopment.

Because current state law defines “blight” so broadly that it could apply to virtually any property in New Jersey, the courts must narrow that definition to protect the rights of property owners across the state, Chen told the high court.

“It has become a wild card definition of blight that can expand and contract to apply to any set of circumstances,” Chen told the justices.

The advocate filed a friend-of-the-court brief in the case, Gallenthin Realty Development, Inc. v. Borough of Paulsboro, which will review the 15-year-old Local Redevelopment and Housing Law. That law expanded the definition of blight. The state Constitution requires an area to be declared blighted before a municipality can use eminent domain to take private property to hand over to private developers.

One section of that law allows government entities to condemn land for private redevelopment if it deems that land to be “in need of redevelopment” because it is “not fully productive.”  The statute also allows local governments to seize private property if it suffers from a “lack of proper utilization” and could be put to a more beneficial use.

Under such broad criteria, “there is no parcel of land in New Jersey that is safe from such pursuit,” Chen wrote in the brief.

The Public Advocate is currently involved in two other eminent domain cases that are moving through the New Jersey courts.

The other two cases involve property owners in Long Branch and Lodi. In addition, the department is working with legislators to craft a reform law that would prevent abuses of eminent domain and protect homeowners and businesses.

In the Paulsboro case, the public advocate urged the Supreme Court to reject the lower court’s reasoning that would allow the Borough of Paulsboro to designate 63-acres of trees and reeds “in need of redevelopment” solely because the parcel is deemed “underutilized.”

The land, located in Paulsboro, lies alongside the Mantua Creek. Official state maps indicate most of the property is wetlands and therefore protected from development under various state laws. In these circumstances, the lower courts should have rejected the argument that the area is blighted because it is undeveloped, Chen said.

The public policy of New Jersey clearly supports the preservation of open land, Chen noted. In fact, the Supreme Court recently ruled in Mount Laurel Township v. Mipro Homes, L.L.C. that a local government can condemn property to preserve open space.

Read the Public Advocate's Brief

Read the Public Advocate's 2007 report on eminent domain.