BLOG: Condemnation Law

Failed Redevelopment Site Succeeds in Tax Appeal

by: Daniel Kim
29 Jul 2015
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?

by: Anthony F. Della Pelle
23 Jul 2015
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

by: Joseph Grather
20 Jul 2015
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

by: Daniel Kim
13 Jul 2015
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

by: Daniel Kim
18 Jun 2015
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

Just Compensation Affirmed for a "Lost Tree" in Florida

by: Joseph Grather
15 Jun 2015
The Federal Circuit of Appeals issued its opinion in Lost Tree Village Corp. v. United States, a regulatory takings case, on June 1, 2015.  Our Owners’ Counsel colleague Robert Thomas beat us to the punch (of course), and provided an excellent case synopsis in his Inverse Condemnation blog, available here.  In brief, the Court of Claims... Read More

Dropping the Ball: Another "Oops" Moment for the Condemnor

by: Daniel Kim
8 Jun 2015
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

by: Joseph Grather
1 Jun 2015
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

by: Joseph Grather
30 Apr 2015
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

Will the Latest New Jersey Supreme Court Property Rights Decision Revive the Redevelopment Market?

by: Anthony F. Della Pelle
1 Apr 2015
Last week, a divided New Jersey Supreme Court ruled that condemning agencies do not have to prove that properties within an area “in need of redevelopment” have a deleterious effect on the surrounding area in order for those properties to be taken via eminent domain.  The 3-2 majority opinion, authored by Justice Barry Albin, concluded... Read More