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As print publications dwindle, real estate struggles to meet public notice requirements 

Thanks to state mandates, developers are facing yet another hurdle in an already-challenging environment

Closing Print Publications Create Real Estate Legal Hurdle
(Illustration by The Real Deal with Getty)

New Jersey’s largest newspaper, the Star-Ledger, announced last month it would cease print editions beginning early next year. It marks a loss not just for Jersey residents who prefer a hard copy of their paper, but for real estate developers who need it for legal reasons.

Real estate developers are required to publish notices of the planning and zoning process for projects in many states and municipalities across the country, an increasingly difficult mandate to meet as daily print publications close shop, ROI NJ reported. 

Land use and zoning attorney Kathryn Razin said there will need to be changes to where developers and municipalities are required to publish public notices in the years to come, and further print shutdowns will put pressure on these legal requirements. 

“For now, you have to be diligent to make sure that when that publication you’re providing a notice is still going to be in print,” she told the outlet. “You also have to double check that the municipality hasn’t designated a new ‘official newspaper.’”

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The faltering availability of print publications for these purposes may also precipitate discussion of whether these public notice mandates are outdated or need amending, she said. 

“I think this has raised discussions on that statutory requirement, and whether we should be allowing a newspaper’s website to satisfy these requirements in lieu of a print publication,” she told the outlet. “From an applicant’s standpoint, this has been a long-standing requirement and could be seen as antiquated and in need of an update, alongside other statutory requirements.”

In the meantime, Razin said developers and their attorneys need to find ways to remain in compliance, even as print publications become a rarer and rarer commodity.

–– Kate Hinsche

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