Earlier today, the Appellate Division issued its decision on the challenges to COAH’s Round III substantive regulations, N.J.A.C. 5:94. There are many nuances to the 127 page opinion (and not all of the challenged regulations were reversed), but here are some highlights.

1. COAH has six months to adopt new regulations consistent with the decision.…

If bills recently introduced in the Assembly and Senate become law, municipalities may not have the right to transfer up to half of their affordable housing obligations pursuant to Regional Contribution Agreements (“RCAs”). Both bills, A-3857 and S-2451, will prohibit a municipality to address any portion of its fair share obligation by using RCAs…

On February 18, 2007 Kevin J. Moore, Esq., Co-Chair of the Land Use and Development Law Practice Group, will be a panelist on the Urban Land Institute Program, Historic Preservation Opportunities and Challenges in Urban New Jersey. The moderator of the panel will be Peter Primavera, President of the Cultural Resource Consulting Group. The other…

By Eric Peterson of GlobeSt.com

NEWARK-The Newark Real Estate Board, founded at the end of World War I but largely dormant for the past two decades, is back in business. The group has been around in name only for most of that hiatus, but it’s now back in full swing, backed by some of the…

COAH recently proposed new regulations, which among other changes will give it some oversight over the fees municipalities may collect from developers in lieu of constructing affordable housing units onsite. These fees have been one of the most controversial aspects of COAH’s Round Three regulations as was detailed by Thomas Jay Hall, Esq. in his…

In a decision released this morning, the New Jersey Supreme Court upheld the Appellate Division decision in Mount Laurel Township v. Mipro Homes, LLC ( Docket A-85/86-05). The Supreme Court affirmed the right of the municipality to use eminent domain for open space, even in the absence of any prior plan designating the land as…

Assemblyman John F. McKeon (D-27th District) has introduced a bill in the New Jersey State Assembly—A-3640—which proposes amendments to the New Jersey State Highway Management Act, N.J.S.A. 27:7-1, et seq., that will expand the New Jersey Department of Transportation’s access permit purview to include the construction and maintenance of a driveway or public street or…

The State has long encouraged the private preservation of historic structures, but has offered precious little monetary support towards such efforts. With the Historic Property Reinvestment Act, now pending before the State Legislature as Assembly Bill No. 896 and Senate Bill No. 2030, the State is finally proposing a significant new tax credit program to…