By DON STINE
A permanent ban on using the power of eminent domain in Neptune is temporarily on hold while the Township Committee explores a draft ordinance to better define when and how the power will be used.
“I am willing to look at a pure ban and introduce it in February,” said Committeeman Randy Bishop, who is in favor of adopting an ordinance banning eminent domain use.
By a “pure ban” Bishop said he means a ban that complies strictly with the New Jersey Constitution regulating eminent domain use – which limits the taking of property to projects being used strictly for the public good, like hospitals, roads or parks.
“It would apply to public uses only as defined in the state Constitution. If we were to start making exceptions it would put holes (in the ordinance),” he said.
“Let’s rework it, put in into its purest form, and let it fail or stand,” he said.
A proposed ordinance up for adoption Monday night would not get the necessary votes to pass, according to Bishop.
Committeeman Kevin B. McMillan said the proposed ordinance is still too weak and he believes it should be a true ban. Mayor Michael Brantley also said he has concerns with the ordinance as now proposed.
McMillan said he would only support the ordinance if it adhered to the strict standards for using eminent domain as established by the New Jersey Constitution
Committeeman James Manning Jr. said he is against any ban on eminent domain use because it may be needed by the township in the future.
Manning said he would like to stop eminent domain abuse but that any ordinance totally banning it “backs us into a corner.”
Committeewoman Mary Beth Jahn said she supports the proposed ordinance.
Township Attorney Gene Anthony said that redevelopment agreements already entered into or proposed for the future by the township would be affected under the new ordinance and may result in a breach of contract on some projects.
He added that the contracts on these redevelopment projects may then need to be reworked.
“To do the ordinance first without reworking the contracts may be a problem,” he said.
Under the proposed ordinance that was not introduced Monday night, the taking of residential property would be banned except in areas that have already been designated in need of redevelopment.
Owner-occupied homes in areas slated for redevelopment could not be taken as long as they remain occupied or owned by the family. This protection will expire when the home is sold.
Relocation costs would also be provided to homeowners or businesses forced out by eminent domain. These associated costs would most likely be paid by the redeveloper.
Redevelopers would also be required to pay 10 percent more that the fair market value of the property
A year-long moratorium on using the power of eminent domain for redevelopment was extended into this year by resolution from the governing body and affects most properties, except those already designated in need of redevelopment, like the township’s Midtown section.
Areas already designated in need of redevelopment, where the use of eminent domain may be used, are the Garden State Hi-Tech Park, the Mid-town/West Lake redevelopment zone, the west side of Route 35 from Monroe to Bangs avenues, the North Channel redevelopment zone, the North End of Ocean Grove redevelopment area, and the former Whitesville School and Ridge Avenue School redevelopment zones.
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