BLOG: Condemnation Law

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

Appraiser’s Lack of Support for Adjustments Once Again Dooms Taxpayer’s Appeal

by: Daniel Kim
27 Jan 2016
Despite presenting an expert witness at trial, another taxpayer failed to convince the NewJersey Tax Court that its property was over assessed.  In Arteaga v. Wyckoff, the taxpayer challenged the original assessments of a single-family home for tax years 2012, 2013, and 2015.  Wyckoff underwent a revaluation for tax year 2015.  The taxpayer filed appeals... Read More

Relevant Parcel Question on the U.S. Supreme Court Docket for 2016

by: Joseph Grather
19 Jan 2016
Last week, the Court granted a cert. petition, which presented the following question: “In a regulatory taking case, does the “parcel as a whole” concept as described in Penn Central Transportation Company v. City of New York, 438 U.S. 104, 130-31 (1978), establish a rule that two legally distinct, but commonly owned contiguous parcels, must... Read More

2016 ALI CLE Eminent Domain Conference Around the Corner

by: Anthony F. Della Pelle
13 Jan 2016
This year’s version of the annual ALI CLE Eminent Domain and Land Valuation Conference is just around the corner, and promises to be another good one.  The conference will be held in Austin, Texas, includes soup to nuts coverage of the hottest issues in eminent domain law from around the country, and offers prime networking... Read More

Challenge to Redevelopment Bonds Untimely

by: Joseph Grather
29 Dec 2015
The New Jersey Supreme Court recently affirmed dismissal of a property owner’s challenge to a municipal ordinance that authorized issuance of $6.3M in municipal bonds to fund redevelopment of the famous Edison Battery Building in West Orange, N.J. Opinion here.  The owner’s group filed their challenge 53 days after final publication of the bond ordinance.... Read More

Citizens and Property Owners Unhappy about Proposed Penn East Pipeline

by: Joseph Grather
23 Oct 2015
As reported by Lehigh Valley Live, Penn East submitted its application to the Federal Energy Regulatory Commission (FERC) in late September to install a gas transmission line that would cross through several New Jersey counties and into Pennsylvania.  The new pipeline is part of Penn East’s Southern Reliability Link and would connect with the Williams-Transco... Read More

Grand Central Sues Over Air Rights Taking

by: Joseph Grather
2 Oct 2015
In retaliatory fashion, the owner of Grand Central Station has sued the City of New York, et al. because of a recent approval that would allow its neighbor to construct a 1,000 foot high office tower.  The New York Times reported on September 28th that the owner “filed a $1.1 billion lawsuit in United States... Read More

Nevada's "Area 51" Neighbors Facing Eminent Domain

by: Daniel Kim
9 Sep 2015
90 miles north of Las Vegas exists one of U.S. military’s top-secret bases, Area 51.  From novels to movies, Area 51 has garnered the public’s curiosities for decades.  Unbeknownst to the public, however, a local family owning a 400-acre parcel has lived next door to Area 51 since its inception.  For reasons of national security, the government last year initially offered... Read More