Public advocate will study eminent domain

BY CHRISTINE VARNO
Staff Writer

LONG BRANCH -- New Jersey Public Advocate Ronald Chen will examine the use of eminent domain for private development in municipalities throughout the state, including in Long Branch.

"We will be looking at all aspects of eminent domain for private development in New Jersey," Chen said in an interview on Monday.

"Eminent domain is the subject of public concern right now," he said, adding, "Some people say it is absolutely necessary while others say it should not be used at all."

Chen was nominated for Public Advocate in January by Gov. Jon S. Corzine, who has charged Chen with "the protection of New Jersey consumers and holding government accountable to its citizens," according to a press release from Corzine's office.

Chen was officially sworn in to office in March.

"Additionally, the Public Advocate has the authority to sue state agencies to make sure they are following the law," according to the release.

Chen said he plans to conduct an investigation into the uses of eminent domain in the state by researching the eminent domain law, studying the history of the uses of eminent domain, consulting with experts and hearing from the citizens of New Jersey.

"We will be doing a lot of community outreach," Chen said.

He added that he is aware that Long Branch is one of many municipalities throughout the state confronted with eminent domain, and said, "Perhaps in the future we will be making site visits. Right now we have not selected any specific sites. It is too early [in the process]."

Long Branch has designated six redevelopment zones in the city, including the Beachfront North, phase II redevelopment zone. Residents residing in that zone appeared in court on March 24 for a hearing at which their attorneys challenged what they say is an abuse of eminent domain by the city of Long Branch.

The 36 homes in the three-street neighborhood, known as MTOTSA (Marine and Ocean Terraces and Seaview Avenue) are slated to be acquired by the city through eminent domain and replaced by luxury condominiums built by a private developer.

An opinion is expected from Judge Lawrence M. Lawson by the end of the month.

Once Chen completes his investigation of eminent domain, a public report on his findings will be submitted to the governor.

"We are working as hard as we can," Chen said. "We have no time frame at this point."

Chen added that once his office is fully staffed - currently there are eight-members on the staff - he will be looking at other areas of concern to New Jersey residents.