Bill
Bill > A774
NJ A774
Authorizes payment of just compensation to businesses for losses due to public health emergency closures.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill provides that the closure of a business due to an order declaring a public health emergency is a public purpose for which the State may have to pay the business owner just compensation. Under the bill, the owner of a business may bring an action to compel the State to exercise condemnation and to pay just compensation for either:· loss of income during, and for a reasonable time after, a temporary partial or complete closure of the business, if the business would not have closed but for compliance with the order; or· loss of going concern, including the loss of real property, if the closure of the business results in the owner going out of business and the owner proves the owner would not have gone out of business but for compliance with the order. The bill would assign to the business owner: the burden of proving that the alleged loss is due to the public health emergency; and the burden of proving the amount of compensation for losses. The bill provides that it's provisions would apply to a public health emergency declared on or after January 1, 2020. An action to compel condemnation and the payment of just compensation brought under the bill must be filed within one year of the expiration of the order that declared or renewed the public health emergency.
AI Summary
This bill provides that the closure of a business due to a public health emergency declaration is a public purpose for which the state may have to pay the business owner just compensation. The bill allows a business owner to bring an action to compel the state to exercise condemnation and pay just compensation for either the loss of income during and after a temporary closure, or the loss of going concern if the business closure results in the owner going out of business. The business owner has the burden of proving the loss is due to the public health emergency and the amount of compensation. The bill applies to public health emergencies declared on or after January 1, 2020, and actions must be filed within one year of the expiration of the emergency order.
Committee Categories
Government Affairs
Sponsors (4)
Last Action
Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A774 |
BillText | https://pub.njleg.gov/Bills/2024/A1000/774_I1.HTM |
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