By: Michael J. Lipari, Esq.
In an effort to provide certainty to development projects in the urban and more developed areas of the State, legislation has been adopted that extends general development plan (GDP) protection to large development projects situated on smaller sites.
Continue reading "New “Vertical GDP” Law Provides Options to Developers" »
By: Henry T. Chou, Esq.
For the past two years, a coalition of developers and business groups called the Smart Growth Economic Development Coalition has sought to effect significant changes in land use use and environmental regulatory laws aimed at keeping businesses in New Jersey and attacting new business. It now hopes to push through some of its legislation in the lame duck Legislative session after the gubernatorial election in November.
Continue reading "Development Coalition Seeks Overhaul of Land Use and Environmental Procedures" »
By: Henry T. Chou, Esq.
On July 27, 2009, Governor Corzine signed into law an economic stimulus bill (A-4048/S-2299) aimed at reinvigorating the real estate development industry through innovative tax incentives and fee moratoriums, among other measures.
By: Henry T. Chou, Esq.
In response to the State's recession woes, the Legislature has passed an omnibus economic stimulus bill (A-4048/S-2299) aimed at reinvigorating the real estate development industry through innovative tax incentives and fee moratoriums, among other measures.
by: Stephen M. Eisdorfer, Esq.
The decision by the United States Supreme Court in Kelo v. New London triggered a nationwide backlash against what were perceived as abuses of the governmental redevelopment and eminent domain powers. In New Jersey, unlike some other states, this backlash has not resulted in legislative restrictions on redevelopment. None of the four bills currently pending before the Legislature, A-492 (Burzichelli), S-559 (Sweeney), S-757 (Rice), and S-1020 (Weinberg), have yet been reported out of committee in the State Senate. The backlash has, however, generated significant incremental changes by the New Jersey state courts. This article summarizes some of those changes.
By Ryan P. Kennedy, Esq. and Stephen M. Eisdorfer, Esq.
On February 25, 2008, the New Jersey courts turned off the game clock for property owners who seek to challenge local government decisions declaring their property to be “in need of redevelopment” (formerly referred to as “blighted”). Specifically, the Appellate Division of the New Jersey Superior Court held that the redevelopment statute that only requires towns to publish notice of declarations of blight in local newspapers, not to give individual written notice to affected property owners, violates constitutional guarantees of due process of law. The court ruled that the 45-day limitation for challenges to local declarations of blight does not apply to property owners who did not receive individual written notice. Those property owners may lawfully challenge the declaration of blight at any time, even after the condemnation proceedings have been filed.
Continue reading "The Courts Turn Off the Game Clock for Legal Challenges to Redevelopment" »