Proposed Legislation Could Impact Relocation Assistance
Bills introduced in both the Assembly and the Senate would make various changes to the process used when the Office of Administrative Law (OAL) hears a contested case involving certain state agencies. The bill would permit the Director and Chief Administrative Law Judge of the OAL, and administrative law judges (ALJ) to issue oral decisions under certain circumstances, issue decisions in the form of a checklist in certain contested cases after consultation with the State agency, and authorizes the heads of State agencies to issue an order that provides for the recommended report and decision of the ALJ to be deemed adopted, immediately upon filing with the agency, as the final decision of the agency head.
This legislation could have an impact property owners whose property has been taken through eminent domain. Property owners and other occupants are entitled to relocation assistance whenever they are displaced from their property by eminent domain. Whenever an occupant and the taking agency cannot agree on suitable relocation assistance, appeals for relocation expenses are filed with the Department of Community Affairs who then refer the matter to an ALJ. The new law would make the ALJ’s decision final without an opportunity for the agency head to review or modify the ALJ’s decision.
A copy of the Assembly bill can be found here.
A copy of the Senate bill can be found here.
For more legislation directed at eminent domain and redevelopment, please see the following blog posts:
Eminent Domain Reform Legislation Fails in NJ Senate
The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA, in the preparation of this article.
