BLOG: Condemnation Law

Summary Judgment Affirmed Where Causation Supplied by Net Opinion

by: Joseph Grather
24 Sep 2014
A New Jersey appellate court recently affirmed a trial court’s summary judgment dismissing a negligence action where plaintiff’s theory of causation was only supported with an expert’s net opinion. Sayta Sankalp, LLC v. Five Star Auction (opinion here).  In the case, plaintiff sued defendant for damages to real property caused by fire.  The parties were... Read More

City of Pasadena Potentially Liable for Property Damage Caused by Its Trees

by: Joseph Grather
4 Sep 2014
On August 14, 2014, the Second Appellate District Court of Appeal of California issued its landmark decision in City of Pasadena v. Superior Court of Califorina (Docket BC491467).  The case arose out of a windstorm that occurred in November 2011.  A City owned tree fell and damaged a residence insured by Mercury Casualty Company, which paid $293,000... Read More

NJ Supreme Court: Condemnor Has No Duty to Negotiate with Holder of Mortgage

by: Joseph Grather
8 Aug 2014
The New Jersey Supreme Court answered in the negative the question whether a condemnor must negotiate in good faith with a mortgage holder that has obtained a foreclosure judgment pre-commencement of a condemnation action. Borough of Merchantville v. Malik & Son, LLC (opinion here).  In so doing, the Court affirmed the plain letter of the... Read More

An Insider's View to Georgia Abandonment Case

by: Anthony F. Della Pelle
4 Aug 2014
As a follow-up to our July 21st posting on a significant recent case from the Georgia Supreme Court, we’re thrilled to provide this special guest blog from Charles Pursley, Esq., who served as counsel to the property owner in the Dillard case.  More info about Charles and his firm are available on his website.  Thanks... Read More

Georgia Supreme Court Halts Abandonment, Reinstates Property Owner Award

by: Joseph Grather
21 Jul 2014
The Georgia Supreme Court recently reversed a decision of the Georgia Court of Appeals and reinstated a special master’s award of $5,187,000 in favor of the property owner for the taking of its property by eminent domain. Full text of Dillard Land Investments, LLC v. Fulton County opinion here. In short, the Supreme Court held... Read More

California Supreme Court to Review Pre-Condemnation Entry

by: Joseph Grather
2 Jul 2014
Updating our recent entry on the Property Reserve case (here), the California Supreme Court has decided to review the Appellate Court’s finding that the Water Resource Board’s preliminary entry constituted a taking under California’s law of the eminent domain.  The appellate court ruling meant that the State was going to have to pay just compensation to... Read More

California Court: Pre-condemnation Entry Statute Unconstitutional

by: Joseph Grather
5 Jun 2014
A California appellate court recently declared its pre-condemnation entry statute unconstitutional. Property Reserve, Inc. v. Dep’t of Water Resources (JCCP No. 4594, March 13, 2014).  While we are not going to recount all the details of the comprehensive opinion here, the State was seeking access to private property pre-condemnation in connection with a proposed tunnel... Read More

Newark Property Owner Snuffed on Damage Claim After Dismissal of Taking

by: Anthony F. Della Pelle
19 May 2014
A New Jersey appellate court recently decided the sequel to a failed condemnation action from 2012 regarding property in Newark.  The property in question was commercial property owned in condominium form by New United Corp. and the Essex County Improvement Authority (“ECIA”), containing five buildings and a parking garage.  Due to prior disputes between the... Read More

Appeals Court: Hearing Was Required Regarding Impact of Wetlands

by: Joseph Grather
14 May 2014
On May 6, 2014, the Appellate Division published its opinion in New Jersey Transit v. Mori (Docket No. A-0122-12T4).  The case involved acquisition of property impacted by wetlands regulated by the Army Corps of Engineers. Plaintiff’s estimate of compensation for the one acre (out of fourteen) partial taking was $61,000 given the presence of wetlands... Read More

Netherlands v State – Regulatory Taking Denied

by: Joseph Grather
28 Apr 2014
“The State may not put so potent a Hobbesian stick into the Lockean bundle.” Palazzolo v. Rhode Island, 533 U.S. 606, 627 (2001).  That was the United States Supreme Court’s response thirteen years ago to Rhode Island’s argument that property owners could claim no loss from legislation shaping and defining property rights enacted prior to... Read More