How Eminent Domain Affects New Jersey Landowners

Eminent domain allows utility companies, colleges, and government entities to acquire private land for public use. In New Jersey, affordable housing is often cited as a needed public use for eminent domain cases. However, eminent domain can also be used for power lines, sewer lines, and other infrastructure.

Landowners need to be aware that the use of New Jersey’s eminent domain law is rising due to the state’s affordable housing mandate. The state needs to create over 80,000 new units by 2035—without a lot of available land to build on—leading to eminent domain and condemnations.

The Tough Fight New Jersey Landowners Face

It’s been reported that many easement acquirers are attempting to misuse the state’s renovation statute, which claims that private land can be acquired for public development if:

• The area and the buildings within it are deemed unsafe, unsanitary, or dilapidated.
• Buildings used for commercial purposes are abandoned for two consecutive years.
• Land owned by the county, housing authority, municipality, or redevelopment agency is left vacant for ten years.
• Areas and buildings are detrimental to the health, safety, morals, or welfare of the community.
• Title conditions or diverse ownership of the properties lead to a lack of proper utilization in the area.
• Areas have more than five contiguous acres where natural disasters have caused building damage.

Another strike against landowners in this situation is that New Jersey is considered a “quick take” state, which allows condemnors to gain the title of the land at the beginning of the process so they can start the project.

This makes it harder for landowners to fight back, which is why you need an experienced New Jersey eminent domain attorney on your side.

If an eminent domain notice has been sent to you, it’s important to act quickly. You need an experienced eminent domain lawyer to fight for you.