Statement from NJ Public Advocate Ronald K. Chen

On the MTOTSA/Long Branch settlement

September 15, 2009

"I am pleased that the MTOTSA residents' long and difficult struggle to protect their homes has finally come to an end. Governor Corzine reinstated the Public Advocate to make sure that average people have a voice. Today's settlement is another way we're meeting his directive. 

"When Governor Corzine appointed me as Public Advocate, he expressed grave concerns about abusive eminent domain practices in New Jersey. He asked me to make a priority of tackling the problem of eminent domain abuses, and we have done all we can to meet the charge he gave us.

 "We have had great success in protecting property owners from abusive eminent domain practices, including the residents of MTOTSA.   We have conducted investigative, policy and legal work to achieve reforms.  Based on legal victories we helped to win, the courts are halting improper practices and protecting New Jersey property owners every day from losing their property to abuses of eminent domain. 

"We continue to work with the Legislature to complete needed reforms, especially to ensure that homeowners and tenants are adequately compensated when they lose their homes and businesses through eminent domain.   Assemblyman John Burzichelli and Senator Ron Rice, among others, have been forceful allies in this effort.

"I commend the MTOTSA residents for their endurance and their tenacity in resisting the city's assertion that their neighborhood was blighted. I applaud these residents for standing up for their rights and refusing to allow their homes to be sacrificed to the economic interests of private developers."

"We also acknowledge that this settlement would not have occurred without the City's willingness to reassess its position, and we commend the City for deciding to reach this amicable conclusion."

Background Note:

Since being reinstated in 2006, the Department of the Public Advocate  has filed "friend-of-the-court" or amicus briefs in several eminent domain cases to help vindicate the rights of individual property owners. In 2007, the Public Advocate briefed and argued Gallenthin Realty Development v. Borough of Paulsboro before the New Jersey Supreme Court. In that landmark case, the court ruled that towns cannot condemn property unless the area is deteriorated or stagnant and harmful to the surrounding community, effectively limiting the use of eminent domain for private redevelopment.

In the Long Branch case, the Public Advocate argued that the record of evidence of blight is was insufficient to sustain the municipal decision to demolish the neighborhood. A state appellate panel agreed and remanded the case back to trial court. At that time, the city announced that it was willing to drop the eminent domain actions, and the parties began discussing how to resolve the remaining issues in the case. . The case has now settled based on an agreement by the City to drop all condemnation proceedings in the area and to pay the homeowners' legal fees.  The settlement outlines how the neighborhood will be redeveloped, with the active participation of the remaining residents, in the years to come.

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