september 2004

An owner of property, given the right factual setting, can challenge municipal redevelopment efforts, which include the condemnation of the owner's property

BACKGROUND

A municipality can declare a property to be in need of redevelopment, adopt a redevelopment plan and then acquire title to the property through condemnation. The property can be sold directly to a private developer selected by the municipality, rather than selling the property at a public sale to the highest bidder.

Although a successful challenge to a municipality's redevelopment action may be difficult to achieve for several reasons, it can be defeated where:

No statutory criteria have been satisfied; and

Substantial evidence exists that the redevelopment essentially serves the purpose of the selected private developer, rather than the overall public

WE RECOMMEND

If you are the owner of property subject to a municipal redevelopment which you oppose, immediately review whether the statutory criteria for redevelopment have been met, and the basis and facts involved leading to the redevelopment designation and adoption of the redevelopment plan.

If you have any questions concerning municipal redevelopment plans or condemnation, please contact John J. Reilly.