BLOG: Condemnation Law
Restrictive Covenant in NY Zoning Approval Presents Prima Facie Case of Regulatory Taking
As reported by our Owners Counsel colleague, Mike Rikon, the New York Appellate Division reversed a Supreme Court ruling that had dismissed a regulatory takings claims in Blue Is. Dev., LLC v Town of Hempstead, 2015 N.Y. App. Div. LEXIS 6363, 2015 NY Slip Op 06488 (N.Y. App. Div. 2d Dep’t Aug. 12, 2015). The property... Read More
Failed Redevelopment Site Succeeds in Tax Appeal
Property tax issues arise commonly when a property designated for redevelopment fails to become a reality as originally proposed. In Seaboard Landing, LLC (“Seaboard”) v. Borough of Penns Grove (“Borough”), the Borough envisioned a redevelopment plan to revive a struggling commercial area along the waterfront on the Delaware River. In 2003, the Borough issued final site plan... Read More
Underwater Mortgages – At the Bottom of the Sea?
Here is an excellent recent article on the propriety of attempting to use eminent domain to “take” underwater mortgages in various places around the country. Entitled “Eminent Domain for Underwater Mortgages: Already on the Way to the Bottom of the Sea of Bad Ideas” , our Owners Counsel of America colleague Dwight Merriam summarizes what’s wrong with... Read More
From the Virgin Islands – Quick Take Not Reviewable on Appeal
One way to imagine being on the island of St Thomas is to read an opinion of the Supreme Court of the Virgin Islands. This “vacation” is work related because it is a condemnation case. The case is Beachside Associates, LLC v. Virgin Islands Water and Power Authority and was published on June 30, 2015.... Read More
Horne v. Dept. of Agriculture: Private Property Rights Trump Government's Raisin Reserve
The U.S. Supreme Court (“SCOTUS”) recently delivered its decision in Horne v. Dept. of Agriculture on the issue of the reserve requirement for raisins under the Agricultural Marketing Agreement Act of 1937 (“AMA”). Our fellow Owners Counsel colleagues from New York and California, Michael Rikon and Robert Thomas, have kept a close watch on the... Read More
Two Takings Approved Over Owners' Objections
Two recent decisions in New Jersey once again addressed good faith negotiations that are required of condemning authorities prior to commencing condemnation litigation. In County of Morris v. Randolph Town Center Assocs., L.P., the property owner appealed the lower’s court’s decision arguing that the condemning authority failed to fully disclose certain aspects of the project in its appraisal, and... Read More
Dropping the Ball: Another "Oops" Moment for the Condemnor
Last week, a New Jersey Superior Court judge granted a landowner’s summary judgment motion to dismiss the Township of Lakewood’s (“Township”) condemnation actions. In Tp. of Lakewood v. Garzo, the Township instituted four condemnation actions after designating areas as being “in need of” redevelopment. The Township initially believed that it had owned the subject properties... Read More
California Appellate Court Remands Case for Award of Fees and Costs to Owner's Counsel
Under California law, if the Court finds that the government’s final settlement offer was unreasonable and the property owner’s demand was reasonable, the Court is permitted to award the property owner its litigation expenses. So, after exchange of appraised valuations of $3.8M (government) and $10,875 (owner), the government offered to settle the case for $5M... Read More
Virginia DOT Verdict Reversed
Following up on our post here on the Ramsey v. Commissioner case, the Virginia Supreme Court recently reversed a jury verdict in favor of DOT that would have required the owner to repay a portion of the initial offer monies. The Court ruled that it was error for the trial court to have precluded the owner... Read More
