EMERSON, N.J.—The borough attorney tells Pascack Press he is taking the necessary steps to file an eminent domain action against Emerson Redevelopers Urban Renewal (ERUR), calling it “a failed, recalcitrant builder” that has not completed the long-delayed downtown redevelopment project.
He emphasized that eminent domain is “a long process” with multiple steps before any court filing.
Borough Attorney John McCann said that despite months of negotiations to finalize a deal with another real estate development company, RXR, to complete the 147-unit downtown mixed-use complex, that deal fell through when ERUR again attempted to renegotiate previously settled terms.
[The project’s shell—concrete, vapor barriers, and uncertainty—continues to dominate the block between Lincoln and Linwood on Kinderkamack Road, a mute reminder of promise unfulfilled. —Ed.]
In a surprise move on May 20, the council voted unanimously to authorize McCann “to take all legal steps necessary against the redeveloper for Block 419 to enforce our agreements and to proceed with condemnation, and to retain any and all professionals, clerks, and experts he sees fit, not to exceed $17,000.”
Reached on June 3, McCann said steps are underway to begin the eminent domain process. He said the public purpose had been violated by ERUR because “they failed to effectuate the redevelopment process.”
“He’s abandoned the property, and we have to protect the taxpayers,” said McCann, who has sparred with ERUR attorneys on several occasions.
He said ERUR’s lawyers have repeatedly assured borough officials that the project would be completed, but despite those claims, construction has now fully halted. Moreover, local officials—including inspectors—are reportedly unable to access the locked and gated site to assess safety or code compliance.
“There’s been a breakdown in communication between ERUR and the borough,” said McCann. “The borough is doing everything we can legally to protect residents’ interests and ensure we get a resolution to this project.”
Generally, steps in an eminent domain case include establishing the public need for the property, appraising the property’s value, making an initial offer, and, if necessary, filing a lawsuit if the offer is rejected. Officials note that such proceedings can be lengthy and complex.
The Citizen Emerson Station project was officially approved in late 2018 by the then-Borough Council and remains incomplete, with locked steel gates and torn commercial wrap visible from all sides, often flapping in the breeze.
See “Borough tees up ‘drastic’ action on Block 419,” by Michael Olohan, May 26, 2025, at thepressgroup.net for coverage of the council’s recent actions against ERUR.