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Harrison Tp Redevelopment Faces Heavy Opposition

by: Joseph Grather
26 Jan 2023
A quick break from the “great 8” – – NJ.com reports that a rural Gloucester County municipality has been targeted in two lawsuits seeking to invalidate a “warehouse” friendly redevelopment plan. To refresh everyone’s recollection, the New Jersey Constitution declares that “redevelopment” of a “blighted area” is a public use and public purpose for which... Read More

Great 8, Number 3: United States v. Causby

by: Joseph Grather
20 Jan 2023
Thomas Lee and Tinie Causby lived outside of Greensboro, North Carolina and operated a chicken farm on their 2.8 acre property. In May of 1942 – about 5 months after the bombing of Pearl Harbor on December 7, 1941 – the United States leased the municipal airport adjacent to Causby’s chicken farm to operate military... Read More

Great 8, Number 2: Washington Market – Early Inverse Case

by: Joseph Grather
13 Jan 2023
Washington Market Enterprises, Inc. v. City of Trenton, 68 N.J. 107 (1975) is number two on the list. The case is included because it is probably one of the earliest New Jersey inverse condemnation cases alleging a “regulatory taking” where the owner prevailed.  Our Supreme Court framed the issue:  “This case presents the question of... Read More

A New Years’ Great Eight: Number 1

by: Joseph Grather
4 Jan 2023
End of year, we all get bombarded with “best of” or “top 10, 20, 100” lists.  So, how about starting the year with eight great condemnation cases? Number 1. Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893). A grand-daddy in its 130th anniversary year! A bountiful feast of elemental principles of just compensation... Read More

Do Takings Claims Survive Transfer of Title?

by: Joseph Grather
21 Dec 2022
Read an interesting opinion by a California trial court dismissing an inverse condemnation action.NCP Imperial v. L.A. County, 2022 Cal. Super. LEXIS 60513 An inverse condemnation action alleges that private property has been taken for public use without just compensation.  A prevailing plaintiff gets a condemnation valuation case.  The majority of the “inverse” opinions I... Read More

Seasons Greetings – Easements and Partial Takings

by: Joseph Grather
15 Dec 2022
Property has often been described as a bundle of rights, and narratively depicted as a bundle of sticks.  I was recently preparing to try a case involving an easement taking, which was resolved at the 11th hour as many cases do.  Thinking about how best to present the case to a jury, a recurring thought... Read More

Unambiguous PILOT Agreement Upheld by Appellate Division

by: Joseph Grather
12 Dec 2022
A unique characteristic of an “area in need of redevelopment” under the Local Redevelopment and Housing Law is that our State Constitution allows properties in the area to be exempted from real property taxation, and instead subject to long-term tax abatements for payments “in lieu of taxes” under agreements between the property owner and the... Read More

Texas Court Rules that Property Owners May Sue Army Corps for Flood Damages

by: Joseph Grather
14 Nov 2022
A Texas Court recently awarded six “upstream” property owners affected by flooding during Hurricane Harvey (August 2017) $550,000. See Landmark Research summary 2022-11-8 Compensation for Army Corps Flooding – Hurricane Harvey.  During Hurricane Harvey, the Addicks and Barker Flood Reservoirs created by the Army Corps of Engineers filled with water and caused widespread damage to... Read More

All Rise for the Jury!

by: Joseph Grather
1 Nov 2022
A year and a half ago I blogged about trials in the age of COVID/sars (here).  I’m happy to report that we’re now back in person and I was lucky enough to spend last week at the historic Brennan Courthouse (interior rotunda pictured above) with a Hudson County jury.  There is nothing in the world... Read More

No Standing for PA Senators Alleging Taking

by: Joseph Grather
26 Sep 2022
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More