In N.J. Transit Corp. v. Franco, the Appellate Division reversed a just compensation award of $8,150,000. It held that the owners of the condemned property failed to establish a reasonable probability that the municipality would grant the zoning changes required to develop the property for its “highest and best use.”
The New Jersey Senate recently passed legislation that would make significant changes to the state’s long term tax exemption law. Notably, the bill would require applicants and municipalities to prepare cost-benefit analyses regarding the impact of a proposed long term property tax exemption. The bill (S-1991) would specifically require a
The Supreme Court of New Jersey has agreed to consider whether municipal affordable housing obligations include a “separate and discrete” gap-period obligation from 1999 through 2015, when the various “growth share” regulations were repeatedly invalidated by the courts. The Supreme Court is scheduled to hear the case by the end
Gov. Chris Christie recently conditionally vetoed legislation to extend the Urban Enterprise Zone (UEZ) designation in several New Jersey municipalities. Citing the “UEZ program’s lack of demonstrable success,” Gov. Christie stated that he could not support extending it and made extensive recommendations for reconsideration. As we have previously discussed on
In Jai Sai Ram, LLC et al. v. Planning/ Zoning Bd. of the Borough of S. Toms River et al., the Appellate Division held that the time of application rule does not apply where, after a property owner or developer submits an application for a use variance, the municipality amends
The City of Newark recently enacted an Environmental Justice and Cumulative Impacts Ordinance. Under the landmark ordinance, developers will be required to provide certain sustainability information to the Board of Adjustment and Central Planning Board as part of an application for land use approvals. The City maintains that the ordinance
In a win for municipalities, the Appellate Division of the New Jersey Superior Court held that municipal affordable housing obligations do not include a “separate and discrete” gap-period obligation. In reaching its decision, the appeals court cited the core principles of the Mount Laurel doctrine and the plain language of
Two bills intended to strengthen the Urban Enterprise Zone (UEZ) are advancing in the New Jersey Assembly. One measure addresses urban enterprise zone sales tax revenues, while the other extends the UEZ designation in all qualifying municipalities for additional 10 years. New Jersey’s Urban Enterprise (UEZ) Program, which dates back
