[Ord. No. 23-2006]
WHEREAS, New Jersey state law authorizes municipalities to undertake
redevelopment projects to expand and improve deteriorating and blighted
areas by acquiring private property by eminent domain; and
WHEREAS, the Mayor and Council of the Borough of Roseland have
determined that it is in the best interest of the Borough to prohibit
the Borough from acquiring private property by eminent domain except
in certain limited circumstances.
[Ord. No. 23-2006]
a.
Notwithstanding anything in New Jersey state law permitting a municipality
to acquire private property by eminent domain, the Borough of Roseland
shall not acquire private property by eminent domain except in the
following circumstances:
1.
The property being acquired will be preserved or used primarily for
open space;
2.
The property being acquired will be used primarily for recreational
purposes or as a park;
3.
The property being acquired will be used solely for public municipal
purposes, such as a police station, fire station, school building
or municipal offices;
4.
The property is being acquired to facilitate a municipal construction
project or for public safety, such as to widen an existing road.
b.
The acquisition of private property by the Borough of Roseland by
eminent domain in the circumstances set forth above shall be exercised
only by governing body of the Borough of Roseland in its sole and
absolute discretion.
