Public Advocate To Hold Eminent Domain Fact-Finding Public Hearing In Mount Holly

TRENTON, NJ – Public Advocate Ronald K. Chen will hold a public hearing in Mount Holly on December 12, to hear how redevelopment and the use of eminent domain has affected current and former residents of a diverse and affordable townhouse neighborhood called Mount Holly Gardens.

The hearing is part of the Department of the Public Advocate’s ongoing scrutiny of state laws governing the use of eminent domain for private redevelopment and advocacy for needed reforms to prevent abuse and better protect the rights of property owners and tenants.

“I want to hear first-hand from the people whose lives are affected by redevelopment and the use of eminent domain.  We must gather facts about what is happening in communities, and whether the process is fair and just.  We are going to Mount Holly to listen and learn from the residents, town officials, and any others in the community who wish to speak,” said Chen.

The public’s testimony will provide the department with a record that will help its staff better understand redevelopment practices, identify necessary reforms, and advocate for change through the state courts and in the Legislature. 

The public hearing will begin at 7 p.m. at Lily of the Valley Pentecostal Church, 149 Rancocas Road, Mount Holly. Written comments may be submitted by regular mail, e-mail or in person for up to 30 days following the hearing.  The department will issue a report of its findings.

Mount Holly Township adopted the West Rancocas Redevelopment Plan in November 2004 and amended it a month later.  Earlier this year, the township designated Keating Urban Partners, LLC, as the redeveloper. The Redevelopment area includes a diverse and affordable residential neighborhood of more than 300 garden-style housing units. The town based its blight designation on a lack of maintenance and a reportedly high crime rate. The current Redevelopment Plan lists a range of options, including the demolition of all the units. The Town has purchased many of the properties and demolished 18 units. Roughly two thirds of the 307 housing units in Mount Holly Gardens are now vacant.

Some of the residents and an advocacy group called Citizens in Action sued the township claiming, among other things, that their neighborhood is not blighted, that the town has not adequately planned for their relocation, and that the redevelopment project could eliminate a significant amount of the town’s affordable housing in violation of the Mount Laurel doctrine.  The Appellate Division of Superior Court recently upheld the trial judge’s ruling in favor of the municipality. The residents are seeking review by the New Jersey Supreme Court.

The use of eminent domain for private redevelopment has been the subject of more than 18 months of intense scrutiny by the Department of the Public Advocate. 

The Public Advocate has been working closely with lawmakers to enact key legislative reforms.  A reform bill, A-3257, sponsored by Assemblyman John J. Burzichelli, overwhelmingly passed the Assembly in June and is awaiting Senate action.

Last year, the Public Advocate issued two reports on reforming the use of eminent domain for private redevelopment and participated as amicus curiae in cases in three communities.  In the two cases that were decided, the courts ruled in favor of the property owners and the Public Advocate. 

The lead case, involving Paulsboro and decided in June by the New Jersey Supreme Court, narrowed the overly broad definition of blight in the State’s redevelopment law and resulted in several subsequent rulings in which courts rejected local efforts to take property that was not blighted so it could be privately redeveloped.

Yesterday, the Public Advocate asked a state appeals court to allow him to participate in a case involving a fourth community.  In that matter, three Harrison business owners are defending their property from the town’s attempt to take it by eminent domain and to transfer it to private redevelopers. The court has not yet ruled on the motion.

Read the Mount Holly Gardens Public Hearing Overview

See the Mount Holly Gardens Public Hearing Notice

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