Unger proposes law to save American dream Council discusses proposed ordinance to restrict eminent domain BY CHRISTINE VARNO Staff Writer Long Branch Councilman Brian Unger is asking the City Council to consider adopting an ordinance that would end the city's use of eminent domain in at least two redevelopment zones. Unger introduced for discussion the "Protecting the American Dream" ordinance at the April 8 council workshop meeting. The proposed ordinance aims to protect residential property owners in the city by terminating the city's use of eminent domain for economic redevelopment without the written consent of the owner. "I am proposing this ordinance to bring the city in line with recent [eminent domain] court decisions," said Unger at the meeting. "[Eminent domain] is a highly complex subject. "I wanted to get something on the table," he added. The ordinance calls for stopping the condemnation activity in the Marine Terrace and Ocean Terraces and Seaview Avenue neighborhood, known as MTOTSA. The homeowners in the MTOTSA neighborhood are scheduled to appear in the Superior Court of New Jersey appellate division in Trenton on May 14 to continue a legal battle to save their oceanfront properties from condemnation. The ordinance also seeks to end condemnation in the city's Beachfront South redevelopment zone, where the city is proposing to use eminent domain to acquire the privately owned residences to make way for a high-rise redevelopment project. If adopted, the ordinance would require infill development, which Unger explained is the development on lots that are already available and for sale. "The bottom has fallen out of the luxury condo market for now," Unger said. "So, the city's smartest option is to renegotiate the outcome of the MTOTSA neighborhood with the developer and attempt to design a project amenable to today's marketplace." According to the proposed ordinance, the MTOTSA and Beachfront South redevelopment projects should be pursued only as infill redevelopment projects consistent with the principals of sustainable community development in order to preserve the integrity of the existing neighborhoods and to protect the rights of residential property owners. The city should also terminate any redevelopment agreement with any redeveloper that does not agree to amend the development project, according to the ordinance. "Private property ownership is a hallmark of our country's form of government and the purchase of a home is the most significant financial acquisition in many people's lives," the ordinance states. It continues, "Homeownership contributes substantially to successful creations of credit, educational, professional and other opportunities. Public policies should be adopted to enhance and expand homeownership opportunities among the residents of Long Branch." According to Unger, the proposed ordinance is consistent with the recent eminent domain court decisions in Gallenthin, Paulsboro and Harrison. "[The ordinance] would stop the governmental practice in Long Branch of partnering with developers to replace modest homes in residential neighborhoods with more expensive homes and luxury condos," Unger said. At the workshop meeting, attorney Jeffrey Ross Williams outlined the proposal to council. Williams referred to the city's decision in 1996 to designate redevelopment zones in Long Branch. "Long Branch is stuck in 1996 when redevelopment decisions were made," Williams said. "But it isn't 1996 anymore. "Adopting a new policy for redevelopment and ending eminent domain for private economic gain in Long Branch is compelled by your duty to protect all the people of this city and enforce all laws of this state," Williams said. Council President Michael DeStefano disagreed with Williams. "You are basically passing an indictment on the decision of 1996, which was a very long and publicly involved process," DeStefano said. "Unless the process has changed in the state of New Jersey, eminent domain is still a tool for redevelopment. "The big issue [in 1996] was getting a redevelopment plan and designating an area in need of redevelopment. "You seem to attack a very important and necessary process in every state," DeStefano said. Harold Bobrow, who owns a home in the Beachfront South redevelopment zone, asked council at the public meeting what the status is of the redevelopment project for his neighborhood. Councilman Anthony Giordano replied, "[Developer] K. Hovnanian obviously does not plan at this time to begin developing Beachfront South. "They are talking about a redesign of Beachfront South. We are not even close to an agreement on a redesign of Beachfront South. "There will be a determination in the near future on the project," Giordano said, explaining that the city has an obligation and a contract with the developer for the project. Bobrow asked, "Do you think it is fair how long this is being drawn out? "We also have an obligation to pay taxes," Bobrow said, adding, "We can not sell our property. You can raise our taxes and we cannot sell what is rightfully ours."