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NY High Court Permits Taking for Columbia University Expansion
The New York Court of Appeals reversed the decision of a lower court, holding that a Columbia University expansion project could proceed, resulting in the taking of private property for use by a private university. The court below had concluded that there was insufficient evidence to conclude that the Columbia University Educational Mixed Use Development Land... Read More
Jury Verdict in Cliffside Park Case Upheld on Appeal
Verdict not based on averaging or misconduct according to New Jersey’s Appellate Division An opinion released by a New Jersey appellate court found that a jury properly carried out its duties in Borough of Cliffside Park v. Estate of Ignatius Catanzaro., a condemnation case involving Cliffside Park’s taking of a downtown commercial building containing a restaurant... Read More
"Bizarre" Condemnation Case Resolved — Family Can Seek Payment for Avalon Beach Property
New Jersey Supreme Court Permits Filing of Inverse Condemnation in 40 Year Old Dune “Taking” Case The New Jersey Supreme Court decided earlier this week that Edward and Nancy Klumpp could pursue an inverse condemnation action decades after the Borough of Avalon constructed a dune on their property following a 1962 Nor’easter which destroyed their beachfront... Read More
Kelo Five Years Later – It Still Matters
The case that brought eminent domain into national prominence turned five yesterday. In that five years Suzette Kelo’s house has been removed from its original location, Pfizer closed its global research and development headquarters in New London, Conn., and the area contains large swaths of vacant land, with no redevelopment to speak of. However, as... Read More
Can NO Compensation Be Just Compensation?
VFW Denied Opportunity to Argue Eminent Domain Case to U.S. Supreme Court This week the United States Supreme Court denied certiorari review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010). The VFW,... Read More
Taxpayer’s Appeal Allowed, Despite Objection to Late Service
Motion to Dismiss Tax Appeal Denied After County Tax Board Attempts to Implement Additional Service Requirements In a holding similar to an earlier decision this year — Hopatcong Fuel On You, LLC v. Hopatcong Borough, __ N.J. Super. __ (Tax 2010) — New Jersey Tax Court Judge Vito L. Bianco denied a municipality’s motion to dismiss a taxpayer’s appeal, where... Read More
Supreme Court Denies Compensation to Owners in Beach Replenishment
This morning, the United States Supreme Court ruled that the state of Florida can proceed with beach replenishment projects without paying property owners who lose private beach access rights as a result. The unanimous vote of the Court in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection rejected claims by property owners... Read More
NJ Courts Deny Property Tax Exemption
In two recent separate cases, both the Appellate Division of the New Jersey Superior Court and the New Jersey Tax Court have denied local property tax exemptions to not-for-profit organizations. In International Schools Services, Inc. v. West Windsor Township, 412 N.J. Super 511 (App. Div. 2010) the Appellate Division held that a 501(c)(3) tax exempt organization did... Read More
Appeals Court Upholds Freeze Act Protection From Added Assessment
In an unpublished opinion released last week, Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown, Docket No. A-5643-08T3 (App. Div. June 8, 2010), a New Jersey appeals court upheld a Tax Court decision granting a taxpayer’s application for “Freeze Act” protection against an added assessment. The property in question is a hotel in Morristown’s... Read More
Hiring an Eminent Domain Attorney? Consider This
Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters. The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an... Read More
