BLOG: Condemnation Law

LA County Agrees to Pay $20 Million for Bruce’s Beach

by: Michael Realbuto
21 Feb 2023
In November 2021 and August 2022, we covered a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. Those blogs can be found here and here. In mid-July 2022, an oceanfront ceremony officially marked... Read More

Great Eight, No. 5 – Nollan v. California Coastal Commission (US)

by: Joseph Grather
15 Feb 2023
1987. My penultimate year in high school and the year the United States Supreme Court decided Nollan v. California Coastal Commission.  483 U.S. 825. Justice Scalia’s opinion is worthy of a full read, especially the continued – and almost comical – retorts to Justice Brennan’s dissenting opinion. The issue is on appeal is immediately established: ... Read More

Great 8, Number 4: Wilson – Municipal Redevelopment Sustained

by: Joseph Grather
31 Jan 2023
The above image apparently depicts a downtown urban blighted area in Connecticut.  (But, today’s post will not be about the famous Little Pink House in Connecticut). This post is about the judicial progenitor of redevelopment in New Jersey, Wilson v City of Long Branch (1957) (Francis, Assoc. Justice).  The case was the first to challenge... Read More

Harrison Tp Redevelopment Faces Heavy Opposition

by: Joseph Grather
26 Jan 2023
A quick break from the “great 8” – – NJ.com reports that a rural Gloucester County municipality has been targeted in two lawsuits seeking to invalidate a “warehouse” friendly redevelopment plan. To refresh everyone’s recollection, the New Jersey Constitution declares that “redevelopment” of a “blighted area” is a public use and public purpose for which... Read More

Great 8, Number 3: United States v. Causby

by: Joseph Grather
20 Jan 2023
Thomas Lee and Tinie Causby lived outside of Greensboro, North Carolina and operated a chicken farm on their 2.8 acre property. In May of 1942 – about 5 months after the bombing of Pearl Harbor on December 7, 1941 – the United States leased the municipal airport adjacent to Causby’s chicken farm to operate military... Read More

Great 8, Number 2: Washington Market – Early Inverse Case

by: Joseph Grather
13 Jan 2023
Washington Market Enterprises, Inc. v. City of Trenton, 68 N.J. 107 (1975) is number two on the list. The case is included because it is probably one of the earliest New Jersey inverse condemnation cases alleging a “regulatory taking” where the owner prevailed.  Our Supreme Court framed the issue:  “This case presents the question of... Read More

Weehawken Bans Short-Term Rentals…Fifth Amendment Challenge Coming?

by: Michael Realbuto
12 Jan 2023
Although home-sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties, several cities along the Hudson River have banned owners from leasing out their properties on a short-term basis citing quality-of-life concerns. In March and August 2022, we blogged about Jersey City’s... Read More

A New Years’ Great Eight: Number 1

by: Joseph Grather
4 Jan 2023
End of year, we all get bombarded with “best of” or “top 10, 20, 100” lists.  So, how about starting the year with eight great condemnation cases? Number 1. Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893). A grand-daddy in its 130th anniversary year! A bountiful feast of elemental principles of just compensation... Read More

South Carolina City Pulls the Plug on Banning U-Haul Rentals

by: Michael Realbuto
3 Jan 2023
A property owner in Mauldin, South Carolina felt some holiday cheer this December when he found out that the city repealed an amortization ordinance that would have banned his long-standing U-Haul rental business. For over a decade, Jeremy Sark and his partner Marie Dougherty operated a U-Haul rental business alongside Sark’s Automotive shop in Mauldin.... Read More

Redevelopment of Famed “Horn Antenna” Site Looming?

by: Anthony F. Della Pelle
28 Dec 2022
  The site of the former Nokia property in Holmdel Township could be receiving a makeover if the Township Committee gets its way. On November 22, 2022, the Holmdel Township Committee passed resolution 2022-307, authorizing the Township Planning Board to investigate whether the property at 791 Holmdel Road may be designated as an area in... Read More