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Posted on: January 11, 2019

Court Makes Eminent Domain Ruling

On Monday, the Appellate Division ruled in Borough of Glassboro v. Grossman, et al. that the Local Redevelopment and Housing Law, which authorizes municipalities and redevelopment agencies to condemn properties, also requires the condemning authority to articulate a definitive need for the property when the condemnation is challenged by an owner.  

In addition, the ruling explains that stockpiling parcels of property for potential future use would not rise to the level of necessity required for condemnation. Condemning authorities must justify through supporting proof the need for the property, it is not enough to establish necessity simply by stating it.  

For more information please see the League’s recent blog post. You should review this ruling with your municipal attorney for more information on how it will impact your municipality’s potential and current redevelopment projects.

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481, x137.


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