Recent decisions by the United States Supreme Court have increased the complexity of issues faced by municipalities, developers and property owners in the redevelopment process. The municipal designation of a redevelopment area has significant implications for property owners. The designation may result in the forced sale of the property through exercise of the eminent domain power – a process involving various mandatory procedural steps and public hearings that provide a forum for input and/or objection. Active and timely involvement in the process by the property Owner and the redevelopment team can be crucial to protecting the Property Owner’s rights and interests in the property. Our Redevelopment Team has extensive experience working with federal, state and local regulatory authorities to resolve the myriad of issues that arise in connection with redevelopment projects. We also have worked closely with cities, towns and municipalities to address related zoning, permitting, land use, eminent domain, right of way and other matters. McCarter & English is experienced in representing all three parties to such projects - property owners, developers, and governmental entities - in both administrative proceedings and subsequent litigation.
These proceedings also may be non-adversarial, as is the case when the government entity and private property owner or a developer work together to achieve common objectives. Such public-private partnerships are governed by negotiated redevelopment agreements that need to address the objectives of the parties in a manner consistent with the applicable statutory framework. This negotiation process can require close coordination with agreements covering land use issues, tax abatement, public finance issues and other matters. The diverse talents and experience of attorneys in the Redevelopment Team are available to guide clients through this process.