Chen 'gratified' by eminent domain ruling
BY CHRISTINE VARNO Staff Writer

Ronald K. Chen

LONG BRANCH — The state public advocate said last week that he is "gratified" by the recent court decision in favor of a group of city homeowners who have been fighting against the condemnation of their neighborhood.

"The New Jersey courts have made it abundantly clear that under our state constitution, eminent domain cannot be used to raze a neighborhood merely to make way for luxury townhouses and condominiums," Ronald K. Chen said on Aug. 7 after the state appellate court reversed a decision that permitted the condemnation of the MTOTSA (Marine Terrace, Ocean Terrace and Seaview Avenue) neighborhood.

"Our constitution permits the use of eminent domain for redevelopment only in blighted areas, and in this case the court held that the city of Long Branch simply failed to show that the MTOTSA neighborhood was blighted under any definition," Chen said.

Chen had filed an amicus curiae brief as a "friend of the court" in the state Appellate Division of Superior Court on Jan. 11 in support of a group of approximately 18 property owners of the MTOTSA neighborhood.

The brief supported the appeal by the MTOTSA residents in the Beachfront North Phase II redevelopment zone challenging the state Superior Court decision of Judge Lawrence M. Lawson that upheld the city of Long Branch's right to condemn their neighborhood for a private redevelopment project.

In a unanimous 85-paged opinion, the three-judge panel of the state Appellate Division last week reversed Lawson's decision and remanded the controversial eminent domain case for a plenary hearing before Lawson.

The ruling relies heavily on the New Jersey Supreme Court's ruling last year in Gallenthin Realty Development Inc. v. Borough of Paulsboro, in which the state's high court held that the government cannot declare an area blighted and seize property simply because the government wants to engage in economic development.

"The ruling once again reaffirms the constitutional rights of property owners," Chen said. "As such, this is not just a victory for the MTOTSA homeowners, but for every citizen of the state."

Chen further explained that Long Branch officials cannot continue to claim that the MTOTSA neighborhood is essential to its redevelopment plans.

"Long Branch's beachfront redevelopment has proceeded unabated and quite successfully during the years this case made its way through the courts," Chen said. "Given the force with which the court repudiated the city's claims, as city officials decide whether to pursue this case further, I hope they consider the human toll this case has taken on the homeowners, their constituents, who waged this battle for so many years."