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Ogdensburg council authorizes Land Use Board study that could allow eminent domain
Summary
The council authorized a Land Use Board investigation of a multi-block Study Area that the borough says may qualify as a 'Condemnation Redevelopment Area,' explicitly permitting the use of eminent domain if the board and council later so determine.
The Borough of Ogdensburg on April 13 adopted Resolution 51-2026 authorizing the Land Use Board to undertake a preliminary investigation of a defined Study Area and to recommend whether the borough should designate it an area in need of redevelopment. The resolution states the Study Area would be a "Condemnation Redevelopment Area," giving the borough authority to use eminent domain under N.J.S.A. 40A:12A-1 et seq.
Councilman DeMeo moved the resolution, seconded by Councilman Gordon; the measure passed with five votes in favor (Cowdrick, DeMeo, Gandarinho, Gordon, Lame) and one vote against (Ciasullo). The resolution directs the Land Use Board to prepare a map of the proposed boundaries, hold a public hearing with statutorily required notice, receive evidence and objections, and make a recommendation to the council.
The resolution lists specific tax-map parcels included in the Study Area: Block 4, Lot 23 (115 Main Street); Block 6, Lots 1, 2, 6 and 7 (14 Highland Ave. and adjacent/off-Highland parcels); Block 7, Lot 8 (Highland Ave.); Block 14, Lots 8 and 9 (76 and 74 Main Street); and Block 26.06, Lots 6, 8, 9 and 10 (Willis Ave., including 8 Willis Ave. and 15 Willis Ave.). The document explicitly states that the redevelopment determination, if adopted after the required procedures, would permit use of eminent domain in accordance with the New Jersey Eminent Domain Act of 1971.
Mayor and council members did not adopt a redevelopment plan at the April 13 meeting; rather, the council authorized the Land Use Board to study the area, receive public testimony, and report back. The resolution requires notice to affected property owners about the proposed boundaries and the time limits for any legal challenge that an owner might raise as an affirmative defense in subsequent condemnation proceedings.
Next steps under the resolution include: the Land Use Board investigation, preparation of a boundary map and report, a public hearing that will accept objections and evidence, and a recommendation to the governing body. Property owners and other interested parties will have the opportunity to be heard at the board hearing and, depending on the board's recommendation and subsequent council action, may have statutory time limits to challenge a redevelopment designation in court.
