New State Law Allows Designation of Redevelopment Areas without Eminent Domain

by Jennifer L. Credidio on September 20, 2013

P.L. 2013, Chapter 159, signed into law on September 6, 2013, significantly changed the way that municipalities designate areas in need of redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. Chapter 159 moves a municipality’s decision to reserve the power of eminent domain to the very beginning of the redevelopment process; now, when asking the local planning board to investigate whether an area should be designated as in need of redevelopment, the municipality must indicate whether it is seeking to designate a “Non-Condemnation Redevelopment Area” or a “Condemnation Redevelopment Area”. The criteria for each type of area are the same; the only difference is the power to use eminent domain.

Chapter 159 also revised the “e” criterion for designating an area in need of redevelopment, and expanded the criteria for designating an area in need of rehabilitation.

For more information on Chapter 159, click here, or contact Jennifer Credidio or any member of our redevelopment and land use practice group, http://www.msbnj.com/practice-areas/redevelopment-and-land-use/attorneys/.

 

 

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