FREEHOLD TOWNSHIP – Commuter parking spaces in Freehold Township have been preserved after a judge ruled that municipal officials are authorized to acquire the spaces.
In 2016, the township’s lease for commuter parking spaces at the Freehold Mall, Route 9 north, was terminated by property owner Freehold Shopping Associates.
The Freehold Mall is commonly known as the shopping center that includes the Burlington Coat Factory and a Work Out World fitness center.
After being notified of the lease’s termination, the Township Committee adopted an ordinance that authorized the exercise of eminent domain, if advisable, to acquire a real property interest over approximately 305 parking spaces in the shopping center.
Eminent domain (condemnation) allows a governing body to take private property from its owner for a public use, with compensation paid to the property owner.
The ordinance was met with opposition from Freehold Shopping Associates, which alleged that eminent domain would have a disastrous effect on the shopping center. The owner asserted that the spaces designated as commuter parking have prevented it from attracting national companies as lessees.
On June 20, state Superior Court Judge Lisa Thornton ruled that Freehold Township is authorized to and has duly exercised its power of eminent domain regarding the property, according to the judge’s ruling.
Municipal officials said that as a result of Thornton’s ruling, the easement over the parking spaces is now held by the township and commuters’ ability to park in the Freehold Mall parking lot has been preserved.
As part of Thornton’s ruling, Charles Uliano, Richard Keil and Charles Nicholas were appointed as commissioners to examine the parking lot and to fix the compensation to be paid for the rights and interests acquired, including damages.
According to Township Administrator Peter Valesi, the last issue remaining is the final value of the easement, which will be set by the commissioners. If either party disagrees with the value set by the commissioners, that party may appeal to Superior Court to set the value after a jury trial, he said.