BLOG: Condemnation Law

Testimony on Reasonable Probability of Zoning Change Not Limited to Real Estate Appraisers

by: Daniel Kim
18 Aug 2017
In a recent dispute before the Tax Court, the court addressed the issue of whether only a real estate appraiser may offer testimony as to the reasonable probability of a change in zoning of the subject property as of the relevant valuation dates.  In Ciba Specialty Chemicals Corp. v. Twp. of Toms River, the taxpayer... Read More

Newark Property Owner Loses Date of Value Argument

by: Joseph Grather
10 Aug 2017
On August 2, 2017, the Appellate Division affirmed several Law Division orders arising out of a long-running dispute between the County of Essex and the owners of property located in the City of Newark.  The appellate court affirmed trial court orders; 1) setting the date of value, 2) denying reconsideration thereof, and 3) memorializing a... Read More

SCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant Parcel Analysis

by: Daniel Kim
27 Jun 2017
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking.  Because the test for regulatory takings require the courts to compare the value that has been taken from the property with the value that remains in the property, one of the critical components in the... Read More

State Law Held to Apply in Federal Court Pipeline Taking

by: Anthony F. Della Pelle
19 Jun 2017
A Florida Federal District Court judge court recently held that Florida’s state eminent domain laws should be applied to a taking by a private pipeline company which relied upon the Natural Gas Act, federal law which allows private companies to use eminent domain in the federal courts “in matters relating to the transportation of natural gas... Read More

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

Eminent Domain in a Nutshell – More Takings on the Horizon?

by: Anthony F. Della Pelle
5 Dec 2016
Eminent domain has frequently been in the news over the past few months, part in thanks to president-elect Donald Trump’s support for and involvement in the practice, and also the controversial Dakota oil pipeline. Amidst all of the media attention, here is a review of the basic tenets of eminent domain.  Eminent domain refers to... 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