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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
15 States Sue Trump to Stop Fast-Tracked Energy Expansion
On the first day of President Trump’s second term, he signed Executive Order 14156, entitled “Declaring a National Energy Emergency.” That EO directs the heads of executive departments and federal agencies — including the United States Army Corps of Engineers, the Department of Interior, and the Advisory Council on Historic Preservation — to issue permits... Read More
NJ Tax Court: Spent Nuclear Fuel is…Taxable!
Earlier this year, the N.J. Tax Court resolved an interesting case that intersected nuclear physics and private property rights. In a published opinion in Exelon Generation Co LLC, etc. v. Twp. of Lacey, the Court addressed a novel issue “as to whether [nuclear fuel] storage casks are taxable as real property. Property that is... Read More
Can You Fight Eminent Domain? Understanding Your Legal Rights in New Jersey
When that certified letter arrives notifying you that the government wants to take your property through eminent domain, it’s natural to feel powerless. Many property owners mistakenly believe they must simply accept whatever compensation is offered and move on. This analysis clarifies a critical point of law: property owners in New Jersey possess substantial legal... Read More
Supreme Court to Decide if Eviction Moratorium Constitutes Fifth Amendment Taking
The United States Supreme Court stands at a pivotal crossroads in property rights jurisprudence as it considers whether to hear a case that could fundamentally reshape the relationship between government emergency powers and private property rights. At issue is whether government-imposed eviction moratorium measures during the COVID-19 pandemic constituted a “taking” under the Fifth Amendment,... Read More
