BLOG: Condemnation Law

TAKE THAT!! N.J. Legislature and Governor Fire Back at Recent Judicial Decisions Critical of Land Banking Processes

by: Anthony F. Della Pelle
16 Jul 2019
Last week, Governor Phil Murphy signed the “New Jersey Land Bank Law”, which now allows municipal agencies in New jersey to create “land banks” and “land banking” agencies to address and potentially revitalize “vacant, abandoned, and other problem properties” within their boundaries.  This law, P.L. 2019, c. 159, takes effect immediately, and appears to be... Read More

Knicks Win Big in Court, and on Court

by: Anthony F. Della Pelle
25 Jun 2019
Last week ended with big takings news for Knicks in both Pennsylvania and New York.  In New York, the Knicks professional basketball team “took” former Duke University star R.J. Barrett with the third pick in the NBA draft.  Barrett is thought by many to have been the best all around prospect in the draft, and... Read More

Appellate Court Affirms Favorable Owner Verdict Where Owner Did Not Present Appraisal Expert

by: Joseph Grather
7 Jun 2019
The Appellate Division recently affirmed a judgment awarding a property owner $4,500,000 where the only appraisal expert testimony was the condemning agency’s expert, who opined that the property in question was only worth $2,830,000. The case was captioned Township of Manalapan v. Gentile and was commenced in August of 2010 to acquire a 45 acre... Read More

The App. Div. Says: “No Veteran’s Exemption Upon Remarriage”

by: Allan Zhang
29 May 2019
The Appellate Division reversed the Tax Court’s judgment conferring a military veteran’s exemption for tax year 2016 as the surviving spouse of her first husband (an honorably discharged, decorated Vietnam veteran who qualified for an exemption) who remarried. The spouse’s exemption qualifies only during widowhood related to the death of the qualifying husband. This right... Read More

Appellate Court: Mobile Home Park Can Satisfy Affordable Housing Obligation

by: Anthony F. Della Pelle
25 Apr 2019
A New Jersey appellate court recently held that a municipality may use its eminent domain powers to seize a mobile home park in order fulfill its affordable housing obligation.  The matter involved the taking by the Township of Robbinsville of a mobile home park owned by defendant, Mercer MHC, LLC, which contained approximately 14 acres... Read More

App. Div. To Condemnors: Is This Really Necessary?

by: Allan Zhang
21 Feb 2019
A recent New Jersey Appellate Division case focused upon the showing of necessity that a municipality or agency must make to condemn property located in a redevelopment zone and take it from its owners. The panel reversed the trial court’s decision allowing the Borough of Glassboro (“Borough”) to acquire Defendant’s (Jack Grossman, Matthew Roche and... Read More

PennEast Pipeline Under Appeal to Federal Circuit Court of Appeal

by: Joseph Grather
23 Aug 2018
On August 10, 2018, FERC issued an Order Denying Requests for Rehearing on its grant of a Certificate of Public Convenience and Necessity to PennEast Pipeline, LLC.2018-8-10 FERC Order Denying Rehearing. On August 13, 2018, New Jersey Conservation Foundation and Delaware Riverkeeper appealed. FERC issued its Certificate for the PennEast Pipeline in January of this... Read More

Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights

by: Thomas Olson
14 Aug 2018
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public... Read More

Pro Se Redevelopment Challenges Unsuccessful in Union City

by: Joseph Grather
26 Feb 2018
Two recent Appellate Division cases rejected the arguments of a pro se party challenging Union City’s efforts to redevelop “blighted areas”.  Both cases are captioned Larry Price v. Union City.  The first opinion issued on December 21, 2017 and the second February 13, 2018. Links to the full text are below. Price v Union City... Read More

Redevelopment Designation Affirmed on Appeal

by: Joseph Grather
4 Dec 2017
A two-judge panel of the Appellate Division recently affirmed a decision of the Law Division (Ocean County) upholding a condemnation redevelopment designation in Tradewinds Marina, Inc. v. Borough of South Toms River (A-273-16T2) (unpublished opinion here).  In short, while the sole objecting property owner complained of some clear irregularities in the proceedings, the owner did... Read More