BLOG: Condemnation Law

New Jersey’s Stance on Eminent Domain Since Kelo v. New London

by: Anthony F. Della Pelle
20 Jul 2016
The United States Supreme Court’s ruling in Kelo v. City of New London in 2005 served as a wake-up call for eminent domain usage and abuse, as the Court affirmed that, depending upon any state or local laws to the contrary, it was and is permissible for government agencies to seize private property as a... Read More

Sales Approach Rejected in Valuing Rental Property

by: Richard De Angelis
11 Jul 2016
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal.  The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More

Morristown Booming with Redevelopment

by: Joseph Grather
25 May 2016
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More

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