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Redevelopment Takings - Statutory Authority and Limitations

A redevelopment entity may not condemn private property for redevelopment, unless it has first complied with all of the statutory procedures set forth in the Local Redevelopment and Housing Law (“LRHL”) and the Eminent Domain Act of 1971. Under the LRHL, basic pre-condemnation prerequisites include the municipal governing body’s designation of the subject property as blighted and adoption of a redevelopment plan by ordinance for the designated area. The redevelopment plan must identify the property being condemned as one that is to be acquired and explain why it is “necessary for the redevelopment project.” N.J.S.A. 40A:12A-8c. In order to withstand a challenge, the necessity of the taking must be backed up by substantial, credible evidence, unless its necessity is made plainly obvious by the circumstances of the matter at hand.

Full post as published by New Jersey Law Blog on December 01, 2008 (boomark / email).