Town of Kearny
New Jersey

Resolution
(R)-2018-240

Resolution Authorizing the Town Attorneys to Institute Court Action for Interior Access to the Abandoned Property
at 47 Morgan Place for Valuation Prior to Commencement of an Eminent Domain Action.

Information

Department:Town AttorneySponsors:Mayor Alberto G. Santos
Category:Recommendations

Body

              WHEREAS, under the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq. and Town Ordinance 2016-53 adopted in connection herewith, the Town designated 47 Morgan Place (the “Property”) as an abandoned property; and

 

WHEREAS, pursuant to the state statute, the Town has the right to acquire possession of the Property through eminent domain, with the cost to acquire the Property based on a number of factors, including the cost to renovate or demolish the abandoned building; and

 

WHEREAS, the Town has engaged Neves Architecture & Design (“Neves”) to determine the aforesaid costs, and Neves has advised the Town that it cannot complete that process without interior access to the building on the Property; and

 

WHEREAS, the Town has endeavored to gain access to the Property from Wells Fargo Bank, the foreclosing lender, but the lender has not responded, now, therefore, be it

 

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey, that:

 

1.              The Town Attorney be and hereby is authorized to institute court action to gain interior access to the building to determine renovation/demolition costs and associated value.

 

2.              The Town Attorney is authorized to take any other action needed in connection with the proposed eminent domain action.

 

3.              This Resolution shall take effect immediately.

Meeting History

Apr 10, 2018 7:00 PM  Council Caucus / Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Michael Landy, Council Member
SECONDER:Alberto G. Santos, Mayor
AYES:Michael Landy, Susan McCurrie, Eileen Eckel, Albino Cardoso, Richard Konopka, Marytrine DeCastro, Peter Santana, Alberto G. Santos
ABSENT:Carol Jean Doyle

Discussion