Legislation

U.S. Senator Jon S. Corzine today released the following statement pertaining to eminent domain: Summer 2005
The hope of one day owning a home is fundamental to the American dream. For many, this dream is never realized. But for those who have succeeded in turning a house of their own into a home, it is often the basis of their shared stake in our communities.
Our society's values and laws must reflect this bedrock principle. Unfortunately, a recent United States Supreme Court decision has raised concerns that there are no limits on the power of the government to condemn homes in the name of economic development.

If I am elected Governor, I will ensure that the people of New Jersey are secure, knowing that their home, which they worked and saved to own, belongs to them and may not be unfairly seized by the government. My principle on this issue is a simple one: there should be no takings of homes for economic development except in rare and exceptional circumstances and then only with adequate safeguards to ensure that the process is fair and transparent. To obtain this outcome, I support major reforms of New Jersey's public use and development laws.

While there have been many legitimate and appropriate uses of eminent domain throughout history, we have also seen abuses of this power. We have seen a family lose their home and receive just $14,000, only to see the town quickly sell the property to a developer for $60,000. We have seen so-called redevelopment plans knock down housing that was affordable to long time community residents, only to displace them with luxury condominiums, without giving any thought as to where people with roots in the neighborhood would live. With dozens of New Jersey municipalities focused on redevelopment - we need to act decisively to protect our citizens as we revitalize our aging neighborhoods. A Corzine administration will not tolerate abuse in the name of economic development.

The touchstone of our policies must be to ensure that the taking of one's home for economic development should only occur in rare and exceptional circumstances and then only through a fair and transparent system. New Jersey must strengthen its existing laws to guarantee that home owners throughout this State are protected, that the system is open to the public and easy to understand. Takings must only occur when the government can show a true public need, not a pretext for the benefit of a private party.

We must establish strong policies on redevelopment in general and we must create a system that is also not susceptible to corruption or abuse.

Therefore, I propose the following changes to the state's redevelopment and eminent domain laws:

- Prohibit takings of homes for economic development use except in rare and exceptional circumstances and only with adequate procedural safeguards.

- Require municipalities to explore all reasonable alternatives to displacing homes before eminent domain is even considered.

- Guarantee a comprehensive public process along with the individual's right to discovery and to stay the condemnation until an expedited trial and appeal process is completed. It is inconceivable that these rights do not currently exist.

- Eliminate no-bid developer contracts and end "play to pay" practices.

- Ensure that in the rare circumstance that a home is taken, the homeowners receive additional compensation, beyond fair market value, to reflect the intangible value of a family home as well as the considerable expense of relocation.

- Require redevelopment plans to include affordable housing for families and seniors at a one-to-one ratio and an equivalent housing plan in the case of commercial development.

- Provide the Public Advocate with the authority to monitor these activities and to advocate on behalf of homeowners.

I am committed to working with all the various stakeholders that this critical public policy issue affects. Finding the right balance is never easy, but I strongly believe that these proposed changes will have a positive and stabilizing impact on all our communities across New Jersey.