Borough of Seaside Park v. Shree Jyoti, LLC

Summary

The Supreme Court of New Jersey resolved a question of first impression, holding that neither the Eminent Domain Act nor the Local Lands and Buildings Law requires a municipality to specify the particular public use for a taking within the ordinance authorizing condemnation. Because no statute, constitutional provision, or common law principle compelled that disclosure, the Borough of Seaside Park did not act unlawfully in adopting an ordinance that recited only a generic public use, and its identification of the intended use -- a public parking lot with electric vehicle charging infrastructure -- in its amended complaint was sufficient and timely. The Court affirmed the Appellate Division while underscoring that municipalities should, as a matter of best practice, disclose the intended public use as early as practicable to ensure transparency and meaningful participation by affected owners. Justice Hoffman, dissenting, agreed the statutes impose no express requirement but would have reversed because the Borough's conceded refusal to disclose the known public purpose when asked violated the square corners doctrine.