BLOG: Condemnation Law

NJ Assembly Unanimously Approves Bill Allowing Redevelopment Without Eminent Domain

by: Anthony F. Della Pelle
21 May 2013
Yesterday, the New Jersey State Assembly unanimously approved legislation that codifies important redevelopment case-law, and provides municipalities with an option to undertake local redevelopment projects without using eminent domain.   The bill, A-3615, sponsored by Assemblymen Coutinho, Bucco and Munoz, has a Senate companion, S-2447, and shares some of the provisions which had been included in earlier... Read More

NJ Supreme Court Hears Arguments On Dune Case

by: Joseph Grather
20 May 2013
On May 13, 2013, the Supreme Court heard argument in the case of Borough of Harvey Cedars v. Karan.  That case is on appeal from an Appellate Division decision, which affirmed a jury verdict awarding the property owners $375,000 as constitutional just compensation for the partial taking of their private beach-front property.  The municipality appealed... Read More

Town’s Failure to Treat Property Owner Fairly Leads to Reversal by Appellate Division

by: Anthony F. Della Pelle
13 May 2013
A New Jersey appellate court recently reversed a trial court’s dismissal of a tax appeal, and found that the City of North Wildwood failed to act fairly in litigation with the property owner.  The property at issue is improved with a seven-story mixed-use tower, a 160-slip marina and a 3900 square-foot marina services building, and... Read More

High Court Declines Hearing on Partial Taking of Cemetery

by: Joseph Grather
6 May 2013
Last week, the New Jersey Supreme Court denied a petition for certification filed by the Diocese of Camden in behalf of St Mary’s Cemetery in Bellmawr.  As reported by the, in 2010, the New Jersey Department of Transportation acquired by exercise of eminent domain a six acre parcel owned by the church for its... Read More

Mantoloking (NJ) Contemplates Use of Eminent Domain for Dune Easements

by: Joseph Grather
25 Apr 2013
This just in – Mantoloking has decided to use eminent domain to acquire private property for the purported public use of dune replenishment. See articles from  CBS News and  McKirdy & Riskin’s Tony DellaPelle was interviewed and quoted in the CBS news video about the constitutional issues raised by attempting to require that oceanfront property owners... Read More

Experts' Opinions Accepted Over Town's Objections

by: Anthony F. Della Pelle
9 Apr 2013
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax Court accepted each party’s two witnesses as experts, one in real estate appraisal and one in environmental remediation, and admitted their reports into... Read More

Arkansas Fish and Game – Remand Briefs

by: Joseph Grather
1 Apr 2013
As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission, may constitute a taking of private property.  Therefore, the Court upheld the property owner’s inverse condemnation claim, reversed the Fifth Court’s decision... Read More

More from the Shore – Proposed Legislation Seeks to Limit Just Compensation

by: Joseph Grather
25 Mar 2013
Owners of property along the Jersey shore continue to be battered, this time by their own elected officials.  The New Jersey Senate recently introduced S-2618, which provides: “Just compensation for an easement over a portion of beachfront property condemned for the purpose of dune construction or beach replenishment shall include consideration of the increase in value... Read More

Eminent Domain Bill Clears Senate Committee, Would Update Redevelopment Procedures

by: Anthony F. Della Pelle
7 Mar 2013
Legislation that would rework some of the procedures used by local governments to their redevelopment powers cleared a State Senate committee earlier this week.  The bill, S-2447, codifies certain protections to property owners which were decided in court decisions in recent years, and also would provide a negotiation alternative to using eminent domain in local redevelopment... Read More

Hoboken North End Redevelopment Moving Forward

by: Joseph Grather
25 Feb 2013
The Hoboken Planning Board recently completed its investigation of a proposed redevelopment area dubbed the North End Redevelopment Area. A full copy of the Study Report is available on the City’s website. Photo courtesy Google maps. As noted in a recent article by Amanda Palasciano of the Hudson Reporter, the next step in the process... Read More