January 26, 2008.  The New Jersey Public Advocate,  Ronald K. Chen, has filed an amicus curiae brief in the Appellate Division of the Superior Court that argues that a key section of the state's redevelopment law is unconstitutional.

According to a press release from the Public Advocate's office:

Chen said state law does not give property owners any meaningful opportunity to challenge a town’s plans to take their property because they may not know whether their property is actually targeted for condemnation until years after deadlines under the statute have expired for them to take legal action.

“Under our current law New Jersey residents can lose their property without adequate notice that their property will be taken and without a hearing,” Chen said. “This case demonstrates why the current law fails to satisfy the due process requirements of the federal and state constitutions.”

The brief was filed in eminent domain appeals brought by three Harrison business owners, Steven Adler, Manny Amaral and Anthony DeRose.

The case is set for Oral Argument in Trenton on February 4th before a three judge panel.

The Public Advocate's Brief is available online.