Proposed Changes to Redevelopment Law Approved by Senate and Assembly Committees: Bill Codifies Process for Designating Areas In Need of Redevelopment

Author: William F. Harrison, Esq. and Erin K. Phalon, Esq. View article (pdf) On March 7, 2013, the Assembly Commerce and Economic Development Committee reported out with amendments legislation, A-3615 (Assemblyman Coutinho), that would make several important changes to the Local Redevelopment and Housing Law (the “Redevelopment Law”). These proposed changes would impact developers, municipalities and property owners. The Senate companion bill, S-2447 (Senators Van Drew and Rice), was approved by the Senate Community and Urban Affairs Committee on March 4, 2013.   The bill would amend the Redevelopment Law to require the governing body’s resolution authorizing the planning board to investigate whether an area qualifies as an area in need of redevelopment to state whether the redevelopment area designation will authorize the municipality to use eminent domain. Under the legislation, areas in need of redevelopment in which the municipality is authorized to use eminent domain are called “Condemnation Redevelopment Areas.” Areas in need of redevelopment in which the municipality may not use eminent domain are called “Non-Condemnation Redevelopment Areas.” When the planning board issues a notice of a public hearing regarding the redevelopment area designation, it must specify whether a redevelopment area determination will authorize the municipality to exercise eminent domain. For full article text, please click above.