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N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More
LA County Agrees to Pay $20 Million for Bruce’s Beach
In November 2021 and August 2022, we covered a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. Those blogs can be found here and here. In mid-July 2022, an oceanfront ceremony officially marked... Read More
Weehawken Bans Short-Term Rentals…Fifth Amendment Challenge Coming?
Although home-sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties, several cities along the Hudson River have banned owners from leasing out their properties on a short-term basis citing quality-of-life concerns. In March and August 2022, we blogged about Jersey City’s... Read More
South Carolina City Pulls the Plug on Banning U-Haul Rentals
A property owner in Mauldin, South Carolina felt some holiday cheer this December when he found out that the city repealed an amortization ordinance that would have banned his long-standing U-Haul rental business. For over a decade, Jeremy Sark and his partner Marie Dougherty operated a U-Haul rental business alongside Sark’s Automotive shop in Mauldin.... Read More
7th Cir. Axes “Judicial Takings” Theory in Lakefront Property Case
The Seventh Circuit U.S. Court of Appeals decided an interesting takings case this past cycle which involved several Indiana properties that abut Lake Michigan. In Pavlock v. Holcomb, the property owners asserted a relatively novel “judicial takings” theory that was ultimately rejected by the panel. The Court held that the lakefront owners could not sue... Read More
SCOTUS Locks Crosshairs on Key Property Rights Issue
Although our blog primarily focuses on eminent domain related issues in the courts, our ears perk up whenever the High Court decides to clarify a significant property rights issue. In Wilkins v. United States, No. 21-1164, the Supreme Court is scheduled to hear argument on November 30, 2022, regarding the following question presented: Two Montana... Read More
Trenton Mayor vs. City Council: Who Controls the Creation of a Redevelopment Agency?
In Mercer County, there is a lawsuit heating up between the Trenton City Council and Mayor Reed Gusciora over the creation of a new redevelopment agency. The City Council kicked off the lawsuit in April 2022 with a Verified Complaint and Order to Show Cause. The Order to Show Cause sought to preliminarily restrain the... Read More
Valuing Contaminated Property in a Condemnation Case
Regarding the intersection of eminent domain and environmentally contaminated property, the New Jersey Supreme Court made the following observation: In general, eminent domain springs from two separate legal doctrines. The right of the State to take private property for the public good arises out of the necessity of government, whereas the obligation to make “just”... Read More
Stand Clear: Belleville Prepares to Investigate a New Redevelopment Area
Besides being the hometown of a man who motivated many tri-state attorneys with his courtroom pizzazz, Belleville is also the potential home to a new “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). Last week, the Belleville Town Council passed a resolution that... Read More
A Primer on Tenants’ Rights to Condemnation Awards in New Jersey
When the government takes private property using its power of eminent domain, it is required to pay the property owner “just compensation.” With that being said, the allocation of a condemnation award is not always clear cut and legal disputes often arise in the context of leaseholds. Allocation of a condemnation award to persons claiming... Read More
