BLOG: Condemnation Law

New Jersey Lawmakers Adopt Measure to Protect Developers

by: Anthony F. Della Pelle
25 Apr 2011
New “Time of Application” Law Prohibits Municipalities from Rezoning During Development Application Process  New Jersey’s Legislature has revised the Municipal Land Use Law to remove the ability of municipalities to revise zoning codes in an effort to thwart development applications the municipality opposes but which otherwise comply with local zoning laws.  Previously, it was not unusual... Read More

Failure to Exhaust Administrative Remedies Torpedos Case

by: Joseph Grather
21 Apr 2011
A New Jersey appellate court recently affirmed a lower court’s dismissal of a civil rights/due process claim by a Somerset County property owner who alleged that it was denied the right to develop its acreage in Millstone Borough over the course of several years where efforts to develop the property were stalled.  Rezem Family Associates... Read More

Private Property Rights Protection Bill Introduced by Congress

by: Joseph Grather
13 Apr 2011
H.R. 1433 (the “Private Property Rights Protection Act”) was recently introduced in the United States Congress by its bipartisan co-sponsors Jim Sensenbrenner (R-WI) and Maxine Waters (D-CA). If the proposed legislation passed as currently drafted, the new law would prohibit a State from using eminent domain for private development where a State had received federal... Read More

Schools Development Authority Considering Selling “Surplus” Eminent Domain Properties

by: Anthony F. Della Pelle
11 Apr 2011
 The New Jersey Schools Development Authority (SDA), formerly the Schools Construction Corporation (SCC), recently answered questions from a joint legislative committee on what the SDA plans to do with the 160 properties purchased for projects that are no longer on the agency’s priority list.  The properties are being evaluated by the SDA to determine if any... Read More

When a Private Beach is Really Not Private

by: Anthony F. Della Pelle
31 Mar 2011
The Texas Supreme Court has decided to reconsider its opinion in Severance v. Patterson, No. 09-0378 (Tx. Nov. 5, 2010), where that court was asked to decide “whether private beachfront properties on Galveston Island’s West Beach are impressed with a right of public use under Texas law without proof of an easement” when an avulsive event... Read More

McKirdy & Riskin Attorneys Selected as New Jersey Super Lawyers

by: Anthony F. Della Pelle
23 Mar 2011
Four of McKirdy & Riskin’s nine attorneys were selected as “Top 100″ Attorneys in New Jersey” for 2011 by Super Lawyers, as published by Thomson Reuters and in the April, 2011 edition of New Jersey Monthly Magazine.   Edward McKirdy (selected to the Top 100 list for the fourth straight year) and Anthony Della Pelle (selected to... Read More

N.J. Supreme Court: Tenant Has Clout to Negotiate in Condemnation

by: Joseph Grather
18 Mar 2011
Yesterday, the New Jersey Supreme Court decided Town of Kearny v. Discount City (A-76-09) and held that a condemnation action should have been dismissed for a failure to engage in bona fide negotiations with the only condemnee, a tenant occupying a building within a designated redevelopment area.  Along the way to reversal, the Court reaffirmed its earlier... Read More

Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project

by: Anthony F. Della Pelle
17 Mar 2011
A Federal appellate court ordered this week a halt to the Mt. Holly Gardens redevelopment project while an appeal of a trial court ruling is argued.  The appeal concerns the claims by a group of residents who have claimed that the replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project is... Read More

Jury Awards $3.75 Million for Taking of Morris County Diner

by: Anthony F. Della Pelle
16 Mar 2011
A Morris County jury yesterday awarded $3,750,000 to the owner of the Traveler’s Diner in Dover, as just compensation for the taking of its property by the New Jersey Department of Transportation.  The NJDOT, which acquired the property in 2008 via eminent domain to improve the intersection of Routes 46 and 15, had originally estimated... Read More

Another Inverse Condemnation Complaint Bounced

by: Anthony F. Della Pelle
7 Mar 2011
A New Jersey appeals court recently affirmed the dismissal of an inverse condemnation complaint filed by a property owner against the Township of Mount Laurel, which asserted that a resolution adopted by the Township amounted to a total regulatory taking of his property.  Carroll v. Township of Mt. Laurel, Superior Court of New Jersey, Appellate... Read More