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Not So Fast! Hackensack Property Owners Challenge Redevelopment Designation of Sears Site
As we turn our calendars to 2026, a major redevelopment battle is unfolding in Hackensack, where the owners of the former Sears property on Main Street have filed suit against the City and its Planning Board. The complaint—filed by Arcolo Hackensack LLC and related entities—paints a picture of a redevelopment process the plaintiffs allege was... Read More
Hot Off the Press: North Carolina Supreme Court Clarifies “Map Act” Takings
Back in 2015, Joseph Grather, Esq. from our firm blogged about the North Carolina Supreme Court’s precedent-setting “Map Act” decision in Kirby v. NCDOT. A decade later, Map Act takings are still being litigated in North Carolina courts, with two new Supreme Court decisions being issued in early December 2025. Keep reading for an overview... Read More
Property Owners are Gearing Up to Fight a “Tsunami” of Pipeline Projects
When it comes to energy infrastructure in the United States, few issues spark as much debate as the construction of interstate energy pipelines. These projects are often touted as essential for ensuring energy security, reducing transportation costs, and supporting economic growth. However, pipelines also raise significant legal and ethical questions when they require the use... Read More
Affirmed! N.J. Court Rejects Property Owner’s Request to Overturn Bench Trial
If you have been following our eminent domain blog, you probably know that it’s tough sledding for a party seeking to overturn a trial court’s “just compensation” determination. On November 7, 2025, the New Jersey Appellate Division reaffirmed this bleak reality for many litigants. In State v. Krismic Associates, Inc., the New Jersey Department of... Read More
Federal Circuit Rejects Takings Claims in Indiana Rails-to-Trails Dispute
Earlier this year, the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ dismissal of takings claims brought by a group of Indiana landowners. ATS Ford Drive Investment, LLC v. United States, 136 F.4th 1066 (Fed. Cir. 2025). The case centered on whether the federal government’s facilitation of a recreational... Read More
Decades-Old Lease Haunts Property Owner in Eminent Domain Case
Following a recent decision from the N.J. Appellate Division, the long-running eminent domain saga between Pemberton Township and property owners, Rocco and Antonia Berardi (the “Berardis”), may have finally concluded. See Twp. of Pemberton v. Berardi (Berardi I), 378 N.J. Super. 430 (App. Div. 2005); Berardi v. Twp. of Pemberton (Berardi II), No. A-1973-11 (App.... Read More
Walking the Tightrope Between Private Property Rights and Public Development
In most free countries, the right to own and control private property is a foundational principle. It underpins economic freedom, personal autonomy, and the ability to build and transfer wealth across generations. Yet, this right is not absolute. Governments retain the power of eminent domain—the authority to seize private property for “public use,” provided “just... Read More
Understanding the Parties to a Condemnation Lawsuit
When the government takes private property through eminent domain, it triggers a legal process called condemnation. A condemnation lawsuit involves multiple parties, each with specific roles and rights. Understanding who these parties are helps property owners and government agencies navigate this complex legal terrain. The Main Players in Every Condemnation Lawsuit Condemning Authority (Plaintiff) The... Read More
N.J. Appellate Court Blocks Town from Stopping Affordable Housing Project
If you have been following our blog, you are probably aware of the difficulties that property owners face when fighting the government’s taking of private property. In many instances, Courts defer to the government’s asserted purpose, necessity, and procedural conduct for a proposed taking. However, as demonstrated by a recent decision from an N.J. appellate... Read More
No One is Safe! Chicago Suburb Aims to Buy – or Take – Pope Leo XIV’s Childhood Home
In early May, Robert Prevost was introduced to the world as Pope Leo XIV, the first American Pope. Pope Leo was raised in the small suburb of Dolton, Illinois, where his family resided for nearly 50 years. Following the pontiff’s recent introduction, Dolton has now made it clear that intends to acquire Pope Leo’s childhood... Read More
