Ordinance bans eminent domain for private projects

RED BANK — The Borough Council approved an ordinance at the April 13 meeting that bans the use of eminent domain when a private developer is involved.

"The ordinance states that eminent domain is not to be used in Red Bank," said CouncilmanMichael DuPont, who proposed the ban.

"This ordinance is not only to reassure the public, but also to fulfill our pledge that we won't use eminent domain. Residents said they didn't want it to be able to happen here, and that there was no ordinance to stop us," DuPont said.

The ordinance prohibits the mayor and council from exercising the power of eminent domain to acquire any privately owned property within any redevelopment area created within the borough "for the purpose of selling or transferring such property to a developer or other private entity in furtherance of any redevelopment project."

The new ordinance does not spell out whether the borough could authorize the taking of private property if the borough itself is the developer.

DuPont declined to comment on that circumstance.

When asked when the borough would consider using eminent domain, DuPont replied, "I have no idea. We have never considered using it. We will not use it."

At last Monday's meeting, Mayor Pasquale Menna said, "Red Bank has never used the power of government to take anyone's land."

Menna added, "Many local groups disapprove of the ordinance, but they're not here today."

In Red Bank, concerns about the possible use of eminent domain center on the future redevelopment of the area surrounding the Red Bank Train Station, where the borough is planning high-density Transit Village development.

Eminent domain has been a topic of interest locally because of its controversial use by the city of Long Branch to further plans to redevelop its oceanfront.

Protests and legal challenges have resulted over that city's use of the power of eminent domain to take private property for redevelopment projects carried out by private developers.