New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1217

Introduced
2/3/22  

Caption

Prevents use of condemnation to acquire residential and other private property under redevelopment laws.

Impact

The passage of S1217 would significantly alter the landscape of property acquisition practices for redevelopment in New Jersey. It aims to close loopholes that previously allowed municipalities to seize residential properties under the guise of redevelopment. By tightening the restrictions on condemnation, the bill is expected to protect homeowners from arbitrary takings and promote fair market sales as the only viable option for property acquisition not in dire need of redevelopment. This change is likely to have a dampening effect on future redevelopment initiatives, as municipalities may face increased difficulty in acquiring necessary properties for planned projects.

Summary

Senate Bill 1217, introduced in New Jersey, aims to prevent the use of eminent domain to acquire residential properties and other private properties under existing redevelopment laws. The bill reflects growing concerns over the implications of leveraging condemnation powers for economic development, and it seeks to ensure that residential properties are safeguarded from being taken for purposes that do not align directly with public welfare. Specifically, the bill stipulates that properties, legally occupied as residences and adhering to housing and construction code standards, cannot be condemned for redevelopment projects, which often prioritise private economic interests over resident rights.

Contention

Debate surrounding S1217 highlights key divisions among stakeholders. Proponents of the bill hail it as a necessary reform to combat excessive governmental overreach and to honor individual property rights. They argue that the historical use of eminent domain for redevelopment has often led to unjust outcomes, particularly for vulnerable communities. However, opponents express concerns that the bill may inhibit targeted redevelopment of blighted areas, potentially hindering efforts to revitalize and upgrade such neighborhoods. This contention reflects a broader tension between the need for urban redevelopment and the protection of individual property rights.

Companion Bills

NJ A699

Same As Prevents use of condemnation to acquire residential and other private property under redevelopment laws.

Similar Bills

NJ A699

Prevents use of condemnation to acquire residential and other private property under redevelopment laws.

NJ A1037

Clarifies "Local Redevelopment and Housing Law."

NJ A5692

Clarifies "Local Redevelopment and Housing Law."

NJ A2522

Requires calculation of need for low and moderate income housing units to be based current percentage of units occupied by low and moderate income individuals or families; revises "Local Redevelopment and Housing Law" to allow for senior citizen housing and community development.

NJ A913

Requires calculation of need for low and moderate income housing units to be based current percentage of units occupied by low and moderate income individuals or families; revises "Local Redevelopment and Housing Law" to allow for senior citizen housing and community development.

NJ A2436

Excludes farmland from definitions of "redevelopment area" and "rehabilitation area" in "Local Redevelopment and Housing Law."

NJ A894

Enhances transparency in exercise of municipal redevelopment powers.

NJ S2507

Enhances transparency in exercise of municipal redevelopment powers.