Bill Text: NJ S328 | 2014-2015 | Regular Session | Introduced
Bill Title: Protects property owned by military personnel and first responders from condemnation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S328 Detail]
Download: New_Jersey-2014-S328-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Protects property owned by military personnel and first responders from condemnation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning condemnation and property owned by military personnel, overseas deployees and first responders, amending P.L.1971, c.361 and supplementing P.L.1992, c.79 (C.40A:12A-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1971, c.361 (C.20:3-2) is amended to read as follows:
2. When used in this act, unless the context or subject matter otherwise requires, the following words shall have the meanings ascribed to them under this section:
(a) "Condemn" means to take private property for a public purpose under the power of eminent domain;
(b) "Condemnor" means the entity, public or private, including the State of New Jersey, which is condemning private property for a public purpose under the power of eminent domain;
(c) "Condemnee" means the owner of an interest in the private property being condemned for a public purpose under the power of eminent domain;
(d) "Property" means land, or any interest in land, and (1) any building, structure or other improvement imbedded or affixed to land, and any article so affixed or attached to such building, structure or improvement as to be an essential and integral part thereof, (2) any article affixed or attached to such property in such manner that it cannot be removed without material injury to itself or to the property, (3) any article so designed, constructed, or specially adapted to the purpose for which such property is used that (a) it is an essential accessory or part of such property; (b) it is not capable of use elsewhere; and (c) would lose substantially all its value if removed from such property;
(e) "Court" means Superior Court of New Jersey;
(f) "Rules" means the applicable rules governing the courts of the State of New Jersey as promulgated from time to time by the Supreme Court of New Jersey;
(g) "Action" means the legal proceeding in which
(1) property is being condemned or required to be condemned;
(2) the amount of compensation to be paid for such condemnation is being fixed;
(3) the persons entitled to such compensation and their interests therein are being determined; and
(4) all other matters incidental to or arising therefrom are being adjudicated.
(h) "Compensation" means the just compensation which the condemnor is required to pay and the condemnee is entitled to receive according to law as the result of the condemnation of property;
(i) "Award" means the award of compensation made by the commissioners provided for herein;
(j) "Judgment" means the adjudication by the court of any issue of fact or law, or both, arising under this act. The adjudication of the right to condemn shall be a final judgment. All other judgments shall be interlocutory or final, according to law, or as may be prescribed by the rules;
(k) "Recording office" means the county office of each county in which the property being condemned, or any part thereof, is located, in which office conveyances of real property may be recorded;
(l) "Days" means calendar days, calculated in accordance with the rules of court;
(m) "Public utility" means and includes every public utility, as the same are enumerated in Revised Statutes 48:2-13, and every natural gas pipeline utility as defined in P.L.1952, chapter 166 (C. 48:10-2 et seq.) vested with the power of eminent domain and subject to regulation under State or Federal law.
(n) Words used in the singular shall include the plural and vice versa. Words used in the neuter gender shall include masculine and feminine gender, as the case may be.
(o) "First responder" means a police officer, firefighter, or other person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of Health and Senior Services.
(p) "Military service" means duty by any person, male or female, in the active military service of the United States and active duty in the military service of the State pursuant to an order of the Governor issued pursuant to law.
(q) "Overseas deployee" means a person deployed in a zone of conflict, or pursuant to a military action or national emergency under the control of the government of the United States of America, the North Atlantic Treaty Organization, the United Nations, or at the direction of the President of the United States or his officers.
(cf: P.L.1971, c.361, s.2)
2. Section 8 of P.L.1971, c.361 (C.20:3-8) is amended to read as follows:
8. a. The action shall be instituted by filing of a verified complaint in form and content specified by the rules together with the affidavit required pursuant to subsection b. of this section and shall demand judgment that condemnor is duly vested with and has duly exercised its authority to acquire the property being condemned, and for an order appointing commissioners to fix the compensation required to be paid.
b. Simultaneously with the filing of the complaint, the condemnor shall file in the court an affidavit setting forth facts showing that the condemnee is neither in military service, an overseas deployee nor been deployed out-of-state as a first responder to an emergency or disaster. An affidavit shall have attached to it a statement from the Department of Defense or from each branch of the armed forces that the condemnee is not in military service or an overseas deployee, or shall contain facts admissible in evidence sufficient to prove that the condemnee is neither in military service, an overseas deployee nor been deployed out-of-state as a first responder to an emergency or disaster. If an affidavit is not filed showing that the condemnee is neither in military service nor been deployed out-of-state as a first responder to an emergency or disaster, the action shall be stayed until 90 days following the filing of an acceptable affidavit.
(cf: P.L.1971, c.361, s.8)
3. (New section) The Department of Environmental Protection shall not issue any letter of interpretation or perform any other environmental assessment or evaluation in connection with property owned, in whole or in part, by a person who is in military service, an overseas deployee or by a person who has been deployed out-of-state as a first responder to an emergency or disaster, without the person's prior written consent. Any letter of interpretation, environmental assessment, or evaluation by the Department of Environmental Protection in connection with property owned, in whole or in part, by a person who is in military service, an overseas deployee or who has been deployed out-of-state as a first responder to an emergency or disaster shall not be utilized in support of a condemnation action without that person's prior written consent.
For the purposes of this section:
"First responder" means a police officer, firefighter, or other person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of Health and Senior Services.
"Military service" means duty by any person, male or female, in the active military service of the United States and active duty in the military service of the State pursuant to an order of the Governor issued pursuant to law.
"Overseas deployee" means a person deployed in a zone of conflict, or pursuant to a military action or national emergency under the control of the government of the United States of America, the North Atlantic Treaty Organization, the United Nations, or at the direction of the President of the United States or his officers.
4. (New section) Notwithstanding any provision of law to the contrary, property owned, in whole or in part, by a person who is in military service, an overseas deployee or who has been deployed out-of-state as a first responder to an emergency or disaster shall not be included within the boundaries of a proposed redevelopment area for planning board consideration nor eligible for inclusion within a redevelopment area under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) without the prior written consent of that person.
For the purposes of this section:
"First responder" means a police officer, firefighter, or other person who has been trained to provide emergency medical first response services in a program recognized by the Commissioner of Health and Senior Services.
"Military service" means duty by any person, male or female, in the active military service of the United States and active duty in the military service of the State pursuant to an order of the Governor issued pursuant to law.
"Overseas deployee" means a person deployed in a zone of conflict, or pursuant to a military action or national emergency under the control of the government of the United States of America, the North Atlantic Treaty Organization, the United Nations, or at the direction of the President of the United States or his officers.
5. This act shall take effect immediately.
STATEMENT
This bill would prohibit the institution of condemnation actions against military personnel, persons deployed in a zone of conflict or pursuant to a military action or national emergency, and first responders who have been deployed to out-of state emergencies or disasters. New Jersey property owners who are in the midst of dedicating service to their country through participation in military actions or by responding to disasters and emergencies should not be placed at risk of losing their property to condemnation.
Furthermore, the bill would preclude the Department of Environmental Protection from taking actions that could assist potential condemnors in taking these individuals', properties unless they consent thereto. The bill would also protect these individuals' properties from being included in redevelopment areas under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) unless they consent thereto.
