january 2006

John Reilly Testifies before New Jersey Legislature on Eminent Domain

In December 2006, our partner John Reilly testified before the environmental committees of both houses of the New Jersey State Legislature concerning important legislation affecting condemned property undergoing environmental remediation.

John, who chairs our Litigation & Condemnation practice group, testified at the request of NAIOP – the National Association of Industrial and Office Properties.

The legislation gives New Jersey DEP the power in certain cases to authorize a municipality or other local authority to step in and take over environmental remediation of a condemned property in place of a private party already performing the remediation.

Before the Senate Environment Committee, and the Assembly Environment and Solid Waste Committee, John expressed concern that ambiguities in the proposed legislation would lead to unintended consequences and litigation, and would unnecessarily increase the risks to private parties in undertaking environmental investigations and cleanups.

Despite the concerns expressed by many constituencies, the Senate version of the bill (S.2851) was passed and signed into law.