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U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums

by: Anthony F. Della Pelle
8 Jul 2025
On June 6, 2025, a U.S. federal appeals court ruled that the U.S. government may have to face property damage claims by landlords from a COVID-era eviction moratorium. In the case Darby Development Company Inc. et al. v. United States, No. 22-1929, residential property owners sued under the 5th Amendmentโ€™s Takings Clause which prevents the... Read More

How Societal Bias Shapes Eminent Domain Decisions

by: Anthony F. Della Pelle
How Societal Bias Shapes Eminent Domain Decisions
7 Oct 2024
The societal bias inherent in eminent domain practices has become increasingly apparent as studies reveal its disproportionate impact on vulnerable communities across New Jersey and nationwide. The government’s power to acquire private property, while essential for public infrastructure development, has given rise to projects ranging from railroads and highways to schools, hospitals, and parks. As... Read More

A Comprehensive Guide to Eminent Domain Just Compensation

by: Anthony F. Della Pelle
Elderly couples satisfying service in purchasing retirement residence. A detailed contract with saleswoman ensures a smooth transition, including key handovers after agreement on terms and conditions
11 Sep 2024
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More

Eminent Domain in a Nutshell

by: Anthony F. Della Pelle
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2 Sep 2024
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More

Property Tax Caps Considered Across America

by: Anthony F. Della Pelle
5 Aug 2024
Property tax caps are legislative measures designed to limit the amount by which property taxes can increase annually. These caps are implemented to provide homeowners with financial predictability and to protect them from sudden and significant tax hikes that can occur due to rising property values. By controlling the increase in property taxes, these caps... Read More

Commercial Property Tax Implications in a Cooling Industrial Market

by: Anthony F. Della Pelle
Real estate agents recommend interest rates, discuss the terms of the home purchase agreement, and ask clients to sign paperwork to legalize the contract.
17 Jul 2024
The industrial market, once a hotbed of activity and growth, is experiencing a notable cooling trend. This shift is primarily due to a combination of rising interest rates, decreased demand, and maturing leases and debt. Understanding the commercial property tax implications of this cooling industrial market is crucial for property owners and tenants alike. As... Read More

Morristown Property Tax Revaluation – 2023 Letters Were “Wrong”, New Ones Coming Soon

by: Anthony F. Della Pelle
10 Apr 2024
Morristown’s first real property tax revaluation in approximately 20 years is underway and scheduled to be completed this year.ย  Our prior blog post on this topic from early 2023 discussed the process that is now occurring and confirmed that the revaluation, originally set for 2022, had experienced delays for a variety of reasons: Morristown Property... Read More

What Are Rollback Taxes? Understanding NJ Farmland Assessment Changes

by: Anthony F. Della Pelle
Beautiful mature woman enjoying with closed eyes her brown arabian mare in the free nature
21 Jan 2024
New Jersey’s Farmland Assessment Act has beenย a topic of significant interest recently,ย particularly due to the substantialย tax benefitsย it offers to qualifyingย properties. Oneย crucial aspect of this actย that propertyย owners must understand is the conceptย of rollback taxes.ย These taxes playย a vital role in maintainingย the integrity of farmland preservation efforts, whileย protecting municipalities from potentialย misuse of the system. What Are Rollback Taxes?... Read More

Everyone Loves Costco, Except Residents in Guilderland, NY

by: Anthony F. Della Pelle
28 Sep 2023
On the other side of the Hudson River, we have a โ€œdevelopingโ€ eminent domain story involving a retailer that this blogger (and father of two) personally loves โ€“ Costco! Whatโ€™s not to like? Great deals, diverse products, $5 giant rotisserie chickenโ€ฆthe list goes on. It seems you can purchase almost anything you could ever need... Read More

How One Texas Agency Restricted Its Eminent Domain Powers

by: Anthony F. Della Pelle
1 Sep 2023
Here is some eminent domain news from the Lone Star State. In a rarely seen maneuver (at least something this blogger has never), a new policy adopted by the Texas Parks & Wildlife Commission will restrict the Texas Parks and Wildlife Departmentโ€™s (TPWD) future use of its eminent domain powers. Parks and Wildlife Code (section... Read More