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A New Years’ Great Eight: Number 1

by: Joseph Grather
4 Jan 2023
End of year, we all get bombarded with “best of” or “top 10, 20, 100” lists.  So, how about starting the year with eight great condemnation cases? Number 1. Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893). A grand-daddy in its 130th anniversary year! A bountiful feast of elemental principles of just compensation... Read More

Do Takings Claims Survive Transfer of Title?

by: Joseph Grather
21 Dec 2022
Read an interesting opinion by a California trial court dismissing an inverse condemnation action.NCP Imperial v. L.A. County, 2022 Cal. Super. LEXIS 60513 An inverse condemnation action alleges that private property has been taken for public use without just compensation.  A prevailing plaintiff gets a condemnation valuation case.  The majority of the “inverse” opinions I... Read More

Seasons Greetings – Easements and Partial Takings

by: Joseph Grather
15 Dec 2022
Property has often been described as a bundle of rights, and narratively depicted as a bundle of sticks.  I was recently preparing to try a case involving an easement taking, which was resolved at the 11th hour as many cases do.  Thinking about how best to present the case to a jury, a recurring thought... Read More

Unambiguous PILOT Agreement Upheld by Appellate Division

by: Joseph Grather
12 Dec 2022
A unique characteristic of an “area in need of redevelopment” under the Local Redevelopment and Housing Law is that our State Constitution allows properties in the area to be exempted from real property taxation, and instead subject to long-term tax abatements for payments “in lieu of taxes” under agreements between the property owner and the... Read More

Texas Court Rules that Property Owners May Sue Army Corps for Flood Damages

by: Joseph Grather
14 Nov 2022
A Texas Court recently awarded six “upstream” property owners affected by flooding during Hurricane Harvey (August 2017) $550,000. See Landmark Research summary 2022-11-8 Compensation for Army Corps Flooding – Hurricane Harvey.  During Hurricane Harvey, the Addicks and Barker Flood Reservoirs created by the Army Corps of Engineers filled with water and caused widespread damage to... Read More

All Rise for the Jury!

by: Joseph Grather
1 Nov 2022
A year and a half ago I blogged about trials in the age of COVID/sars (here).  I’m happy to report that we’re now back in person and I was lucky enough to spend last week at the historic Brennan Courthouse (interior rotunda pictured above) with a Hudson County jury.  There is nothing in the world... Read More

No Standing for PA Senators Alleging Taking

by: Joseph Grather
26 Sep 2022
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More

Delays in Obtaining Permits Leading to Property Foreclosure Not a Regulatory Taking

by: Joseph Grather
19 Sep 2022
Federal Court Judge Cheryl Ann Kraus was ‘riding the Circuit’ and decided a regulatory takings case while sitting in the District Court, District of New Jersey captioned James v. Vornlocker. Full opinion here 2022-8-31 Vornlocker. The case was decided on motions for summary judgment, and it appears that Plaintiff admitted most of the facts and... Read More

Indiana Supreme Court Vacates Judgment on Due Process Grounds

by: Joseph Grather
6 Sep 2022
The Indiana Supreme Court handed a property owner a nice win before the Labor Day Weekend.  The short opinion is a quick read and available here.  The Gary Housing Authority was engaged in redevelopment for affordable housing and it “strictly followed” the statutory and administrative procedures for acquiring private property.  The notice provisions of the... Read More

Jersey City Short Term Rental Regulation Not a Regulatory Taking

by: Joseph Grather
25 Aug 2022
A week ago, the U.S. Third Circuit  Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals was not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit.  Our associate Michael Realbuto detailed the lower court’s decision – here – so I’ll get right to why the... Read More