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HCIA v. Mariana Properties – App Div Affirms Taking for Road Project

by: Joseph Grather
22 Nov 2024
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case.  The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More

App Div Affirms Redevelopment of 615 River Road Edgewater Property

by: Joseph Grather
26 Aug 2024
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div.  The decision appears to be the end of years of litigation over the redevelopment of... Read More

North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!

by: Joseph Grather
2 Aug 2024
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... Read More

As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims

by: Joseph Grather
28 Jun 2024
With the 4th of July fast approaching, a New Jersey appellate court issued its opinion in Englewood Hospital v. State of New Jersey. Englewood Hospital v. State of New Jersey.   While the case is hot off the press and we haven’t fully digested it, there was no ambiguity about the result: “Considering the arguments and... Read More

Understanding New Jersey Short-Term Rental Laws

by: Joseph Grather
5 Jun 2024
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More

Understanding Just Compensation: Insights from Devillier v. Texas

by: Joseph Grather
22 Apr 2024
Understanding the definition of just compensation is crucial when discussing eminent domain, a legal process allowing governments to take private property for public use. The case of Devillier v. Texas highlights the complexities surrounding this issue, as it underscores the legal battles property owners face in securing fair compensation. This case is significant because it challenges the... Read More

No More Gold for El Dorado County California

by: Joseph Grather
15 Apr 2024
A unanimous United States Supreme Court decided in favor of property owner George Sheetz on April 12, 2024. Opinion here: Sheetz v Eldorado.  Six months ago, the Court granted certiorari to hear the owner’s complaint about an excessive permit fee of $23,420 (our blog on topic here).  The fee was imposed as a condition precedent... Read More

Something Stinks (But Not The Jury Award For Houses Flooded w/ Sewage)

by: Joseph Grather
8 Apr 2024
Quick one before heading out for the Easter holiday weekend.  Apparently, a Camden County jury recently awarded four property owners over $21,000,000 for damages caused by a flooding event in 2019, which substantially damaged their residential properties.  The plaintiffs’ alleged that before the flooding event in June 2019, their properties ranged in value from $350,000... Read More

Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023

by: Joseph Grather
14 Feb 2024
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases.  Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction.   It’s not technically an eminent domain or condemnation case, but it relates to... Read More

Coney Island Redevelopment – Thunderbolt Roller Coaster Case

by: Joseph Grather
29 Dec 2023
For my final post of 2023, a condemnation valuation case from neighboring New York.  I don’t know whether the litigants referred to it as the “Thunderbolt Roller Coaster Case”, but I would have. The case offers an interesting perspective on three discrete valuation issues arising out of a partial takings redevelopment case. The opinion is... Read More