This bill authorizes the State of New Jersey to provide just compensation to businesses that suffer losses due to closures mandated by public health emergencies. Specifically, it allows business owners to bring an action to compel the State to exercise condemnation and pay compensation for either loss of income during and after a temporary closure or loss of going concern, which includes the loss of real property if the business owner can prove that the closure directly led to their business going under.
The bill places the burden of proof on the business owner to demonstrate that their losses are attributable to the public health emergency and to quantify the amount of compensation owed. Additionally, it stipulates that any action for compensation must be filed within one year following the expiration of the public health emergency order. The provisions of this bill will apply to public health emergencies declared on or after January 1, 2020.