Aberdeen and Matawan to Re-evaluate Train Station Redevelopment Area

Name: McKirdy & Riskin, P.A.
Address: 136 South Street, Morristown, NJ, 07850
Telephone: 973-539-8900

Home » Condemnation Law » Aberdeen and Matawan to Re-evaluate Train Station Redevelopment Area

by: Joseph Grather

4 Jan 2012

As reported in the Asbury Park Press, the Matawan-Aberdeen train station redevelopment area – first designated 10 years ago – is being sent back to the planning board to determine whether the area is still “in need of redevelopment.” As referenced in the article, the municipality is addressing the area now because of changes in State law as to what constitutes a redevelopment area.

The significant change in the State law occurred in 2008, when the New Jersey Supreme Court issued the Gallenthin v. Borough of Paulsboro decision. The Court signaled to all municipalities in the State that designations based on an overly broad reading of criteria “e” (that allowed merely underutilized areas to be deemed in need of redevelopment) did not satisfy the Constitution’s requirement of blight. Without the predicate finding of constitutional blight, operation of the redevelopment laws and concomitant tax and zoning benefits are not allowed. In addition, the power of eminent domain would be lost if there is a determination that the area is not a blighted area.

We’ll be interested to see if the Planning Board recommends a continued blight declaration after evaluating the area in light of Gallenthin.