Concerns valuation of property condemned for dune construction or beach replenishment.
Impact
The bill proposes an amendment to existing law, supplementing the Eminent Domain Act of 1971. By emphasizing the added value of property improvements due to dune construction and beach replenishment, A800 seeks to protect property owners from potential financial losses linked to public access rights introduced by these projects. This is particularly relevant as beachfront properties are frequently targeted for such public works, which often come with the dual purpose of environmental protection and public recreational access. The legislation underscores a commitment to ensuring that property owners are not penalized financially for the public good.
Summary
Assembly Bill A800, introduced in the New Jersey 221st Legislature, addresses the valuation of beachfront properties that are condemned under the Eminent Domain Act for purposes related to dune construction or beach replenishment. The bill specifies that when an easement over such properties is condemned, the just compensation should factor in the enhanced value of the entire property due to the protective benefits provided by the constructed dunes or replenished beaches. This consideration aims to ensure that property owners receive fair compensation that reflects the intrinsic increase in safety and property protection resulting from the state’s actions.
Contention
While the bill aims to balance the interests of property owners with public needs, it could also spur debate regarding the valuation methods used for compensation. Critics may argue that the parameters for assessing increased property value should be more rigorously defined to prevent discrepancies that could lead to disputes. Additionally, there may be concerns that the bill could inadvertently limit the state's ability to reclaim land as needed for public safety and environmental efforts, thus highlighting a potential conflict between property rights and community welfare.
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.