New Jersey Assembly Bill A1629

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Authorizes payment of just compensation to businesses for losses due to public health emergency closures.

Impact

The implementation of A1629 would amend existing state laws relating to public health emergencies and business operations. Under the bill, business owners who demonstrate that they would not have suffered losses without the enforcement of emergency mandates can seek compensation for their income loss during the closure period. Additionally, it recognizes the possible loss of business viability itself as compensable, underlining the significant risks faced by business owners in adapting to public health directives.

Summary

Assembly Bill A1629 seeks to provide just compensation to businesses that are mandated to close either partially or completely due to public health emergencies. The bill outlines that such closures, enacted under the orders defined by the Emergency Health Powers Act, would classify as a public purpose, thereby allowing the state government to exercise condemnation to compensate business owners for their losses. This legislation supports businesses that could face financial ruin due to compliance with governmental health orders during emergencies.

Contention

There are several notable points of contention surrounding A1629. One major concern is the burden of proof placed on business owners, who must establish that their losses are directly attributable to the public health emergency. Critics may argue this could impose undue hardship on small business owners already struggling to survive amidst economic challenges. Moreover, how compensation is calculated and whether the state has the resources to effectively fulfill its obligations under this bill could also lead to heated discussions among lawmakers and stakeholders.