Ron Chen on Harrison condemnation

Public Advocate Ronald K. Chen today announced he filed an amicus curiae brief in the Appellate Division of the Superior Court arguing that a key section of the state’s current redevelopment law is unconstitutional.
Chen said state law does not give property owners any meaningful opportunity to challenge a town’s plans to take their property because they may not know whether their property is actually targeted for condemnation until years after deadlines under the statute have expired for them to take legal action.
“Under our current law New Jersey residents can lose their property without adequate notice that their property will be taken and without a hearing,” Chen said. “This case demonstrates why the current law fails to satisfy the due process requirements of the federal and state constitutions.”
The brief was filed in eminent domain appeals brought by three Harrison business owners, Steve Adler, Manny Amaryl and Anthony DeRose against the Town of Harrison, the Town Planning Board and the Harrison Redevelopment Agency.
The oral hearing is in Trenton on Feb. 4 at 11 a.m. on the fifth floor, North Wing of the Richard J. Hughes Justice Complex, 25 Market St. in Trenton.

Adler lost a lawsuit against HRA, the Harrison Planning Board and Harrison Commons developers on Jan. 22 in the Hudson County Chancery division before Judge Oliveri. Oliveri dismissed the case giving that the New Jersey Department of Environmental Protection had primary jurisdiction on the clean-up of Adler's property on Frank E. Rodgers Boulevard near the PATH station.
On Jan. 30 there is a "trial"of perogative writs action will be starting in Jersey City by Enten Associates concerning an industrial property just outside the Harrison Waterfront redevelopment area from the zoning board adjudications, according Greg Castano, HRA lawyer. Three separate actions filed at separate times were consolidated by the court. One was against the HRA, the Harrison Planning Board and a subdivision that the HRA filed that affected the property.

The Chen trial will surely be a big media event and the outcome important for all parties involved. See the next addition of The Observer for more information.
You can read the 72-page lawsuit by going to the following Web site: http://www.state.nj.us/publicadvocate/public/pdf/harrisonbrief010808.pdf