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Proposed Housing Development Puts Historic NJ Racetrack at Risk
Like every municipality in New Jersey, Old Bridge Township must provide its “fair share” of affordable housing units. Specifically, it needs to provide 673 units by the year 2035. One proposed development site would substantially help meet that requirement—but it also places a historic local racetrack at risk. Affordable Housing The affordable housing obligation began from... Read More
Property Owners Win Right to Compensation in COVID Ordinance Case
In another major victory for private property rights, the 11th Circuit recently ruled that owners of beachfront properties in Walton County, Florida are entitled to just compensation after an ordinance effectively banned them from accessing their own properties. The ordinance, which was enacted during the COVID pandemic to prevent the spread of the virus, was... Read More
PA Legislative Effort Would Permit Farmland Takings
Pennsylvania State Senator Kristin Phillips-Hill wants owners of farmland to receive fair compensation when their property is taken by eminent domain. Under current legislation, condemnors taking preserved land are only required to pay for the agricultural value of their land. This alone, Phillips-Hill argues, is not adequate. Her proposed bill would fully compensate farmland owners... Read More
Why Are North and South Dakota Fighting Over Carbon Pipelines?
A $9 billion carbon pipelines project has triggered a legal standoff between North and South Dakota. South Dakota’s eminent domain ban threatens to derail Summit Carbon Solutions’ ambitious plan to transport CO₂ from ethanol plants across state lines. North Dakota officials explored legal action but recently backed down, leaving the project’s future uncertain. What’s Behind... Read More
NJ Supreme Court to Hear Two Eminent Domain Cases
Two potentially significant eminent domain cases are set to be heard by the New Jersey Supreme Court. At the heart of these cases is the public use doctrine rooted in the U.S. Constitution and the New Jersey Constitution. Let’s see how these cases could impact the government’s use of this constitutional power. Township of Jackson... Read More
Property Taxes: Highballed or Lowballed? It Depends on Location
With property values climbing, the threat of rising property taxes weighs heavily on homeowners. New Jersey has the highest property taxes in the country. While these taxes fund essential local services like education, roads, parks, and emergency services, some communities bear a disproportionate burden. When Property Taxes Get Highballed Bonita Anderson, a Baltimore mother and... Read More
Can The Government Use Eminent Domain To Take Property Already Devoted To A Public Use?
When you think about eminent domain, you probably imagine the government taking private property for highways or schools. But what happens when the property being taken is already serving a public purpose? This complex legal question affects property owners across New Jersey and requires understanding the delicate balance between competing public interests. The Fifth Amendment... Read More
U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums
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 Amendment’s Takings Clause which prevents the... Read More
Just Compensation Example: What a Condo Developer’s Court Win Teaches Property Owners
When the government takes property, most owners already know they’re entitled to something. But what happens when two parties both hold a legitimate interest in the same property? And who decides how the money gets divided? This just compensation example from a 2024 North Carolina Supreme Court case offers a surprisingly clear answer, and the... Read More
Institute for Justice Seeks to Overturn Kelo v City of New London
A preeminent advocate for the rights of property owners is petitioning the United States Supreme Court to hear an eminent domain matter with the hope that it will overturn a landmark decision in eminent domain law. The Institute for Justice (IJ), a non-profit law firm dedicated to protecting the rights of property owners, represents the... Read More
