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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
New Year Thoughts on Redevelopment
The redevelopment process often gets a bad rap. One universal concern is that the process can be abused to benefit politically connected private developers at the expense of local property owners (check out this blog post for a refresher on Kelo and SCOTUS’s decision to deny certiorari in Eychaner). Additionally, property development itself is sometimes... Read More
Property Rights Abroad: Indian Army Ordered to Pay 46 Years Rent to Landowner
It’s safe to say that we have covered our fair share of interesting eminent domain stories from around the United States. For example, here are a few stories from California, South Carolina, Maryland, and even Alabama. But how are property rights viewed by the courts abroad? Well, according to a November 2024 decision from the... Read More
Police Power vs. Eminent Domain: Key Differences in Real Estate
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More
New Jersey Court Limits Third-Party Property Tax Challenge Rights
Property tax challenges in New Jersey have undergone significant changes following a recent Appellate Division ruling. The court’s decision clarifies important procedural pathways for taxpayers seeking to contest property tax assessments they believe are improper, especially when challenging properties they don’t own. Understanding the New Legal Landscape for Property Tax Challenges Last month, the New... Read More
10 Essential Questions to Ask Your Eminent Domain Attorney
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More
