TRENTON, NJ-This week’s unanimous decision by the New Jersey Supreme Court limiting towns’ eminent domain powers is drawing varied reaction from the legal and development communities. As reported by GlobeSt.com, in a case involving a property in Paulsboro, the Court ruled that municipalities have to prove a site is truly “blighted” before invoking eminent domain,
Paulsboro’s Redevelopment Area Designation Invalidated
In Gallenthin Realty Development, Inc. v. Borough of Paulsboro (A-51-2006), the New Jersey Supreme Court dramatically narrowed the definition of blight under Article VIII, Section 3 of the New Jersey Constitution, substantially limited the scope of criterion “e” of N.J.S.A. 40A:12A-5 and made other statements that likely could have the effect of substantially limiting the
Public Advocate Documents Eminent Domain Abuse
A review of New Jersey court cases shows the state law governing eminent domain use for private redevelopment is written in a way that leads to abuse, according to a Public Advocate report released today.
The Legislature must act swiftly to change the state’s redevelopment law, protect people’s rights and guarantee that sound redevelopment projects
NJMC Obligated to Provide Affordable Housing
On May 21, 2007, the Appellate Division ruled that the New Jersey Meadowlands Commission (“NJMC”) has an obligation to provide affordable housing In the Matter of the Adoption of N.J.A.C. 19:3. The NJMC argued that the obligation to provide affordable housing rested with its constituent municipalities and NJMC was only obligated to work with those
Gov. Codey Signs Law to Spur Private Sector Partnerships with Non-Profits to Revitalize Inner-City Neighborhoods
On May 7, 2007, Acting Governor Richard Codey signed into law Bill S2095 (the “Bill”) effecting an amendment to the Neighborhood Revitalization State Tax Credit Act (the “Act”).
The purpose of the Act is to encourage private sector partnership with non-profits to revitalize neighborhoods in those municipalities that are eligible to receive Special Municipal Aid
” Smart Bargaining…or Illegal Exactions”
This article explores what New Jersey law permits developers to do or not to do in the face of requests by municipalities for ” contributions” for schools, parks, fire equipment and the like. In an article which appeared in the March 26, 2007 issue of the New Jersey Law Journal, Sills Cummis attorney Thomas Jay
NJ SUPREME COURT REJECTS TOWN’S ATTEMPT TO UPSET LOCAL LAND USE PROCESS
The New Jersey Supreme Court today dismissed the appeal of the Hamilton Township Planning Board in Levin Properties, L.P. v. Hamilton Tp. Planning Board without opinion on the ground that the Court had improperly granted certification. The Planning Board had asked the Court to drastically change long-established principles of zoning law and allow it to
Sills Cummis attorney James Hirschhorn argues critical land use case before New Jersey Supreme Court.
Can a local planning board could disregard its own ordinances and reject a fully conforming application merely because it didn’t like the proposed project? That notion would strike a builder or land use lawyer as the very definition of “ arbitrary, capricious and unreasonable.” Yet, the Hamilton Planning Board did just that, and argued before
Planning for a Grim Reality
As seen in the New Jersey Law Journal on January 15, 2007 – As the real estate market begins the inevitable slowdown, the possibility of restructuring and insolvency for developers is also becoming a grim reality. The developers who begin to consider bankruptcy issues at the early stages of a slowdown are best served in
Appellate Division Reverses COAH Regulations
In a decision released earlier today, the Appellate Division announced its decision and reversed some aspects of COAH’s Round III regulations. More to come.
Click here to read the regulations.