BLOG:

Property Owner’s Second Bite at the Apple Not So Tasty as the First

by: Joseph Grather
15 May 2017
A New Jersey appellate court just affirmed the denial of property owner’s challenge to a condemnation premised on a failure of pre-complaint bona fide negotiations. Montclair v Cerino 2017 a0753-15. The Township of Montclair had previously commenced a condemnation action to acquire a property along Valley Road that was used by the property owner to store... Read More

Property Owners Protest Penn East Pipeline at Delaware RiverKeeper Meeting

by: Joseph Grather
11 Apr 2017
Legions of property owners turned out in opposition to the proposed Penn East Natural Gas pipeline at the at the quarterly meeting of Delaware River Basin Commission. Reported here. The general comments were consist with those of Doug O’Malleym director of Environment New Jersey: “PennEast is trying to peddle a pipeline to the residents of... Read More

Challenge to Redevelopment Action Decades After Finding of Blight Denied

by: Joseph Grather
25 Jan 2017
  The Appellate Division recently analyzed an old blight designation in Ocean County in a January 18, 2017 opinion.  You may have to read it more than once to understand the convoluted fact pattern.  Or, you may want to skip ahead to the legal analysis because it is short and to the point. Two tracts... Read More

Interstate Gas Pipelines in NJ – Public Use or Private Benefit?

by: Joseph Grather
12 Jan 2017
Photo credit. http://www.spectraenergy.com/Natural-Gas-Oil-101/ New Jersey is the most densely populated State in the Union.  It may soon have the most underground gas transmission lines.  The latest in a series of new pipelines is being proposed in New Jersey is by PennEast, a subsidiary of Spectra Energy.  An interactive map of the proposed route can be found... Read More

NJ Transit v. Franco – Property Owner Verdict Overturned on Appeal

by: Joseph Grather
1 Nov 2016
On October 19, 2016, almost seven years after a condemnation action was commenced, the Appellate Division published an opinion reversing an $8,150,000 jury verdict in favor of the property owners from 2013.  The pre-condemnation offer of compensation was $934,500.  The trial judge also ordered that $1,967,865 be escrowed in the Superior Court Trust Fund to cover... Read More

CRDA Denied Authority to Take – Birnbaum Wins on Reconsideration

by: Joseph Grather
10 Aug 2016
On August 5, 2016, Judge Mendez reversed himself issuing an Order holding that the Casino Reinvestment Development Corp.’s condemnation of the Birnbaum property was a “manifest abuse of the eminent domain power” and exceeded CRDA’s statutory authority.  Thereby dismissing the case commenced over two years ago. Initially the Court denied the Birnbaum’s challenge to the... Read More

Morristown Booming with Redevelopment

by: Joseph Grather
25 May 2016
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More

Court of Claims Awards Leaseholder Awards $170M After Inverse Condemnation Trial

by: Joseph Grather
9 May 2016
A quick hit –  The United States Court of Federal Claims recently awarded two leaseholders over $170M for the taking of their leasehold interests at Dallas Love Field Airport. A full copy of the long opinion is here.  The nascence of the claim goes all the way back to construction of the Dallas-Forth Worth International Airport... Read More

Adoption of Rehabilitation Plan in Woodbridge Not A Taking (D.N.J.)

by: Joseph Grather
4 Apr 2016
From the United States District Court comes a new opinion from Judge Chesler, but there’s nothing new in the precedent cited denying a property’s owner’s claim of “inverse condemnation.”  Simply stated, an inverse condemnation case is a procedure for a property owner to secure just compensation where government has taken private property for public use... Read More

NJ Sports Authority Threatening to Take Municipal Landfill

by: Joseph Grather
29 Mar 2016
  The NJ Sports and Exposition Authority, which runs the Meadowlands’ Sports Complex; New Jersey’s horsetracks; and now the former New Jersey Meadowlands Commission (itself the successor to the Hackensack Meadowlands Development Commission); recently advised the Town of Kearny that it intends to seize the Keegan Landfill by eminent domain.  It appears that NJSEA has... Read More