BLOG: Condemnation Law
Sunday Thoughts on Jury Selection
20th Century Fox. It’s a rainy Sunday here in Morristown three days removed from completing my second live jury trial post-Covid. Glad to say the jury rendered a verdict in favor of the property owners. I should say former property owners because it was a condemnation valuation trial. That means the jury was called on... Read More
Tejas Motel v City of Mesquite – Fifth Circuit Court of Appeals
2023-3-22 Tejas-Motel-L-L-C-v-City-of-Mesquite-No-22-10321-5th-Cir Catching up on some recent takings cases (after watching Jury Duty for a week. LOL). The Fifth Circuit determined that a property owner could not “relitigate a takings claim in federal court that was previously dismissed in state court.” Full text of opinion above. The owner operated a small motel in the City... Read More
SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More
Jury Duty – Hillgrove v. Morris (Comic Interlude)
Official trailer – Amazon Prime TV. It’s Sunday, wrapping up trial preparation for a bench trial tomorrow, and wanted to take a brief detour from our regularly scheduled programming. I watched the entire season of Jury Duty (the show) this past week and finished it last night. Oh my god, it is must-see TV, especially... Read More
Sackett et ux v Environmental Protection Agency
Sackett et ux (“and wife”) versus Environmental Protection Agency. Classic David v. Goliath matchup. Good thing the property owner couple had the Pacific Legal Foundation on their side. PLF scored two wins on the same day at the High Court – unprecedented? I don’t know, but rare air no doubt. The Sacketts purchased property near... Read More
Supreme Court Rules in Favor of Homeowner in Takings Clause Case
On May 25, 2023, the United States Supreme Court issued their unanimous decision in the matter of Tyler v. Hennepin County. The question posed to the Court in this matter was whether a government body, who has taken real property under the guise of an unpaid tax debt, can sell that property for an amount... Read More
Demarest v. Underhill – Cert. Petition
Having visited Underhill, Vermont dozens of times, I had to quickly post notice of the recent petition for certiorari filed by our Owners Counsel of America colleague, Michael Berger, on behalf of the property owner. 2023-5-23 demarest-cert-petition. (The Town literally sits “under” Mount Mansfield – Vermont’s tallest peak). The owner’s petition is asking the Supreme... Read More
Another Redevelopment Project Brewing in Seaside Heights?
Last week, the Seaside Heights Borough Council unanimously approved a resolution requesting its Planning Board to investigate whether a motel property on Ocean Terrace qualifies as an “area in need of redevelopment” under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. The property, a motel currently operated as the Surfside Motel... Read More
Federal Courts Signal Return to In Person Court Proceedings
Another sign that the COVID-19 / SARS-2 pandemic is over – Reuters reported yesterday that the federal judiciary would be ending its remote access mandates come September 2023. I clearly remember when it started, the signs pasted on retail business doors – CLOSED – Will Re-open in Two Weeks. That was March 20, 2020. Over... Read More
NYC To Use Eminent Domain For Next Phase of 2nd Avenue Subway
Here is some eminent domain news from across the Hudson River regarding one of the costliest railroad expansion projects per mile in the history of the world. The Metropolitan Transportation Authority (“MTA”) has begun the eminent domain process for its second phase of the long awaited Second Avenue Subway. At the April 26, 2023, the... Read More
