Concerns valuation of property condemned for dune construction or beach replenishment.
Impact
The introduction of S862 supplements the existing Eminent Domain Act of 1971, thereby creating a clearer framework for property valuation in contexts where property is taken for public use related to beach protection and environmental safety measures. It is designed to enhance the fairness for property owners by ensuring that any benefits derived from the improvements (like increased property value due to greater safety) are included in the compensation process. This would potentially result in higher compensation amounts for property owners than what may traditionally have been awarded in similar cases.
Summary
Bill S862, introduced in the New Jersey Legislature, addresses the valuation of beachfront properties condemned for dune construction or beach replenishment purposes. The bill specifies that when such an easement is granted, just compensation must take into account the increase in value that the property gains due to the added safety and property protection provided by the newly constructed dunes or replenished beaches. This aims to ensure that property owners are fairly compensated for the public benefit derived from these environmental enhancements.
Contention
There are notable points of contention surrounding this bill. Critics may argue that while it aims to increase compensation, it could also incentivize local governments or agencies to be overly aggressive in seizing private property under the pretense of public safety. Furthermore, there may be concerns regarding how the increased value is assessed and whether it might lead to conflicts over the definition of just compensation. Additionally, some stakeholders might raise issues surrounding public access to the beach and whether the bill adequately protects these rights in the context of property valuation.
Requires "just compensation" for condemnation of single-family residence to be based on cost of comparable relocation properties within 20 mile radius.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.