BLOG: Condemnation Law

Property Owner's Challenge to Montclair Redevelopment Plan Denied

by: Joseph Grather
30 Jul 2013
On July 26, 2013, the Appellate Division issued an unpublished opinion in Grabowsky v Township of Montclair.  In May 2012, the Township adopted an ordinance amending a redevelopment plan to permit an assisted-living facility on the Church Street site.  Grabowsky filed an action challenging the ordinance adoption, which was rejected by the Law Division in... Read More

Atlantic City Revel Hotel and Casino Redevelopment Keeps Residents Moving

by: Joseph Grather
24 Jul 2013
The Casino Reinvestment Development Authority has been slowly acquiring private property through exercise of eminent domain to “redevelop” the areas near the year-old Revel Hotel and Casino.  According to a recent article by the Standard Times Go San Angelo, the redevelopment has progressed slowly because revenue from the Revel was supposed to fund a $50... Read More

Karan and Dune Replenishment: Where Do We Go From Here?

by: Anthony F. Della Pelle
16 Jul 2013
Last week, the New Jersey Supreme Court threw its hat into the ring in the controversy between New Jersey’s municipalities and beachfront property owners regarding the construction or replenishment of sand dunes to protect the shore from future storms.  This dispute has been going on for years, but has become front page news since Superstorm... Read More

NJ Supreme Court Erodes Special Benefits, Like the Dunes

by: Anthony F. Della Pelle
8 Jul 2013
This morning, the New Jersey Supreme Court has issued its much-anticipated decision in the dune replenishment case, Borough of Harvey Cedars v. Karan, which was argued this May. A copy of the decision is available here. This opinion is hot off the press and we are reading it now, but the Court has reversed the... Read More

Appellate Court Gives Property Owner and State Second Chance

by: Joseph Grather
27 Jun 2013
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial.  The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More

Government Can't Make Developers "Show Them the Money"

by: Anthony F. Della Pelle
26 Jun 2013
Big Win For Property Rights in US Supreme Court  Yesterday, the United State Supreme Court issued a decision which has caused property rights advocates and developers to rejoice, and is likely to become a historic property rights precedent for years to come.  The 5-4 decision in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (copy... Read More

Eminent Domain Reform Bill Passed by NJ Senate

by: Anthony F. Della Pelle
21 Jun 2013
Yesterday, the New Jersey State Senate approved a bill which codifies restrictions of local governments’ use of eminent domain for private redevelopment and creates an alternative to condemnation for future redevelopment projects. The legislation, S-2447, passed on a vote of 36-1, affirms the protections afforded to property owners in redevelopment areas by New Jersey’s courts... Read More

SCOTUS Takes Mt Holly Gardens Case!

by: Joseph Grather
19 Jun 2013
Yesterday, the United States Supreme Court granted certiorari in Mt Holly Gardens v. Mt Holly Gardens Citizens.  The case background is set forth in our prior blogs, but, the property owners (through counsel South Jersey Legal Services) argue that the redevelopment of the Mount Holly Gardens violates the Constitution because the government  relocation of residents... Read More

Congressional Committee Adopts Private Property Protection Act Bill

by: Joseph Grather
18 Jun 2013
The U.S. House judiciary subcommittee on Constitution and Civil Justice recently passed a bill (H.R. 1944) that is designed to protect private property from eminent domain takings by creating a federal bar to transfers from government to private entities for economic redevelopment. The press release is available here. The bill is entitled the Private Property... Read More

Missouri Supreme Court Enforces Post-Kelo Legislation Limiting Takings for Economic Development

by: Joseph Grather
7 Jun 2013
As reported by, the Missouri Supreme Court recently rejected the Southeast Missouri Port Authority’s attempt to use eminent domain to take private property for use in connection with interstate transmission of North Dakota crude oil. (A copy of the opinion is here).  The government intended to take undeveloped Mississippi River water-front property from Velma... Read More