LONG BRANCH — With the city expected to eliminate the use of eminent domain in the Beachfront South redevelopment zone, some are calling for the ban to be extended to the entire city.
Council President Michael DeStefano weighed in on the issue at the end of the Dec. 29 City Council meeting, saying he would support an ordinance that would eliminate eminent domain outside the city’s six redevelopment zones, even though he considers such an ordinance a pointless political gesture. “I don’t really feel that resolution or ordinance is necessary, since it really isn’t going to be done ever again,” he said. “However, I’m starting to think it’s a useless gesture, probably a political one.
“It’s political times, maybe it’s time to consider.”
At council meetings in recent months residents have asked the council to consider a citywide ordinance, and DeStefano responded when a resident asked why he was afraid to do so.
“I have been asked regarding eminent domain what am I afraid of in terms of a resolution or ordinance or whatever it may take,” he said. “I’m not really sure fear is the right emotion or word.
“What I’ve been saying all along is to [designate] an area in need of redevelopment was a very difficult, long and public process,” he added. “There are six areas, and I have no intention of ever going through that process again.”
The discussion followed a unanimous vote by the council to introduce an ordinance eliminating eminent domain in Beachfront South. The ordinance, which also clarifies zoning regulations in the zone, will be voted on for adoption Jan. 29.
The Beachfront South zone extends from Bath to Morris avenues, between Ocean Boulevard and Ocean Avenue, and is one of the city’s six redevelopment zones. Other zones are Beachfront North Phase II, Beachfront North Phase I, Hotel Campus, Broadway-Gateway and Broadway Corridor.
DeStefano explained his position in an interview, saying that acquiring properties outside of the redevelopment zone is not really an option. He said an ordinance he would support would affect all properties outside of the six redevelopment zones.
“Maybe we should start thinking about it,” he said. “Leave the redevelopment zones alone to solve all political issues. It would be only outside of the redevelopment zones.”
DeStefano then said he doesn’t see eminent domain being used much in the future.
“I think there are hardly any properties left to acquire anyway,” he said. “I don’t really want to change anything that occurred.
“In MTOTSA it’s already been settled, and Beachfront South, it’s on its way,” he added. “Those are two of the redevelopment zones where it is basically off the table.”
DeStefano did name one zone where eminent domain could be used in the future.
“Broadway-Gateway, I think, is the only zone that has properties that still may be subject to eminent domain,” he said. “Anyone who has been down Broadway realizes that those areas really need to be repaired.”
DeStefano said he doesn’t see the need to enact an ordinance banning eminent domain citywide, but if it is what people want, he would support it.
“If it gives people a sense of satisfaction … , I’ll look
into what we need to do to say that,” he said.
DeStefano noted that no matter what measure is passed, any law is not permanent; however, he acknowledged that the economy and public opinion will not support further use of the city’s power of eminent domain to condemn private property.
“No matter what we do, anyone can undo it,” he said. “Who in this climate is going to create another redevelopment zone or rescind any ordinance or resolution that says you can’t use it outside a redevelopment zone?
“The public outcry would prevent you from doing it anyway,” he said
This was the first indication that DeStefano would consider eliminating eminent domain, while Councilman Brian Unger has pushed the city administration in recent years to eliminate it in the entire city.
“I think we need a citywide eminent domain ordinance that protects residents from the abuse of that [power],” Unger said at the meeting. “Certainly not in such a way that would limit lawful eminent domain that is for the public safety and public welfare, but certainly the abuse of that.”
Unger began asking that the city adopt an ordinance banning eminent domain as early as April 2008, proposing an “American Dream” ordinance that would eliminate eminent domain citywide.
Also speaking on the topic at the meeting was MTOTSA resident Lori Ann Vendetti, who said she favors a citywide ordinance.
“I know you are taking it in little sections here, and obviously it won’t be used in MTOTSA, but I still think we need to concentrate on an eminent domain ordinance for the city,” she said.
Contact Kenny Walter at
kwalter@gmnews.com.