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Redevelopment Takings - Constitutional Authority and Limitations

The redevelopment of blighted areas is specifically and separately described in Article VIII, Section 3, paragraph 1 of the New Jersey Constitution as “a public purpose and public use, for which private property may be taken or acquired.” Any such taking, however, must satisfy all constitutional mandates and limitations on government power. For example, Article I, paragraph 20 of the New Jersey Constitution requires that a condemning authority pay just compensation when it acquires private property. A government entity desirous of taking private property must also comply with all due process requirements before it may do so.

 

Full post as published by New Jersey Law Blog on November 17, 2008 (boomark / email).