The New Jersey Law Journal this week named Public Advocate Ronald K. Chen its 2007 Lawyer of the Year for his work on eminent domain reform.

The New Jersey Law Journal article states:

As soon as the U.S. Supreme Court ruled in 2005 that the U.S. Constitution does not bar public takings for private redevelopment, the question arose: would states follow suit or enact their own prohibitions?

Perhaps nowhere was the issue more pronounced than in small, densely populated New Jersey, where buildable land is scarce and large swathes of it are off-limits to developers.

Last June 13, the New Jersey Supreme Court answered resoundingly – construing the state constitution to curtail drastically the power to condemn property for redevelopment.

The architect of the doctrine of Gallenthin Realty Development v. Borough of Paulsboro, 191 N.J. 344, was Public Advocate Ronald Chen, who appeared as amicus curiae and whose prior research and advocacy on the subject of eminent domain laid the groundwork for the decision.

For his instrumental role in bring about the Gallenthin decision, and for his continuing efforts to achieve reform of eminent domain in New Jersey, Chen is the Law Journal’s Lawyer of the Year.

For the entire article, see Pundit for Eminent Domain Reform.

For the past 18 months, the Public Advocate has been engaged in efforts to reform New Jersey's redevelopment law to prevent abuses and curb inappropriate uses of eminent domain to condemn land so it can be privately redeveloped by another party.  The Public Advocate also has worked toward reforms to the redevelopment process to ensure that citizens are treated fairly and receive adequate compensation and relocation assistance if they are displaced by redevelopment. 

Through extensive research and outreach, the Public Advocate has found that property owners are vulnerable to abusive practices because of significant problems in the procedures municipalities use when private property is potentially slated to be condemned so it can be turned over to private redevelopers.  

The Department published two reports outlining concerns with current law and practices.  The Department also participated as amicus curiae, or "friend of the court," in eminent domain litigation involving property owners in four different communities -- Paulsboro, Lodi, Long Branch and Harrison.  In a fifth community, Mount Holly, the Department is investigating the redevelopment process in the Mount Holly Gardens neighborhood.  On December 12, 2007, more than 200 residents of Mount Holly Gardens attended a public hearing held by Chen and dozens of residents testified about the redevelopment process in their community and its impact.

In the lead case involving Paulsboro, the Supreme Court narrowed the overly broad definition of blight in the State’s redevelopment law.  New Jersey’s constitution allows eminent domain for private redevelopment only in “blighted areas.”  The Supreme Court made clear that this constitutional provision limits the reach of the statute and for municipalities to declare an area blighted, that area must be deteriorated or stagnant and harmful to the surrounding community. 

In the Lodi case, the Appellate Division ruled in favor of the property owners and held that if a town wants to declare an area blighted, it must produce substantial evidence to support that decision, and may not merely cite superficials flaws such as overgrown grass or chipping paint.  The Long Branch litigation involves a beachfront neighborhood known as MTOTSA, and the Appellate Division has not yet scheduled oral arguments.  The Harrison matter involves an appeal by three business owners who are defending their property from the town’s attempt to take it by eminent domain and to transfer it to private redevelopers.  A state appeals court recently granted the Public Advocate's motion to appear as amicus curiae in the Harrison matter and the Department's brief is due to be filed on January 8, 2008.

After the landmark ruling in Gallenthin, trial and appellate courts relied heavily on the decision in several subsequent rulings and rejected local government efforts to take property that was not blighted so it could be privately redeveloped.  Property owners in Belmar, Hackensack, Maplewood, Camden and Newark prevailed in challenges to the use of eminent domain in those communities.

The Public Advocate has been working closely with lawmakers to enact key legislative reforms governing the use of eminent domain for private redevelopment so tenants, homeowners and businesses are protected from potential abuses.  A reform bill, A-3257, sponsored by Assemblyman John J. Burzichelli, overwhelmingly passed the Assembly in June.

“We will continue our work on redevelopment issues, as well as our work preventing lead poisoning, advocating on behalf of individuals with development disabilities and mental health illnesses, protecting consumers and the elderly, seeking solutions to our affordable housing crisis and a host of other important issues in 2008,” Chen said.

Last year’s recipient of the Lawyer of the Year award was U.S. Attorney Christopher Christie.

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