Eminent Domain

Contract-Paper-Gavel-PCEminent domain can be a valuable tool in redevelopment. However, policies must be in place to ensure fundamental rights of private property owners are not diminished in favor of economic development.

Our Position

Government should not be able to take private property from owners who have maintained it to give to another private owner to demolish the structure under the guise of redevelopment. New Jersey home and business owners deserve proper notification of any redevelopment plans that will affect them which should be clearly defined with a timeframe for implementation. They deserve a voice in the eminent domain process, a process where the burden of proof should rest on the entity taking the property. The association supports an assessment of comparable, available and affordable housing to meet the relocation needs of residents displaced by redevelopment.

Once the eminent domain process is concluded property owners deserve compensation that will allow them to remain members of the communities they know and love. NJ REALTORS® supports the mandate that displaced home and business owners and tenants be given the right of first refusal on new property within the redevelopment project.

Read more about eminent domain cases at the federal level from the national association.