On Jan. 7, 2019, the Appellate Division, in an opinion by Judge Jack Sabatino, addressed a question pertaining to eminent domain and property redevelopment by a municipal governing body that has long been unresolved. Borough of Glassboro v. Grossman, et al., Docket No. A-4556-17T2. The New Jersey Constitution grants eminent domain authority to the state if it pays just compensation for the property taken, comports with due process of law and only takes private property for public use (N.J. Const. art. I, ¶20).

The Legislature delegated the eminent domain authority to municipalities in the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -49. That statute provides that a municipality may condemn and acquire private property “which is necessary for the redevelopment project.” N.J.S.A. 40A:12A-8(c). What “necessary” means in this context is not addressed in the statute and until now has not been the subject of any court opinion.