How Can a Redevelopment Designation Lead to a Taking by Eminent Domain?

by: Michael Realbuto
26 Sep 2023
In short, the determination that an area is designated “in need of redevelopment” by a local government, while not a constitutional taking itself, can be a precursor to a taking if the lawful procedure is followed by the government. Unless a property owner challenges the substance of the initial redevelopment designation at the time of... Read More

Water Company Considers Condemning Alabama Neighborhood

by: Michael Realbuto
25 Aug 2023
Many of the typical eminent domain cases involve circumstances where a condemnor (i.e., the taking authority) seeks to take a solitary parcel of property, or a portion of the same, to further a public project. So, when we catch wind of a story where a water company is seeking to seize a city neighborhood, it... Read More

The Heavy Burden of Eminent Domain

by: Michael Realbuto
16 Aug 2023
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is... Read More

Let’s Make a Deal: Ocean County Set to Acquire Campground Site for $5.9M

by: Michael Realbuto
24 Jul 2023
Many of our blog posts focus on the run-of-the-mill condemnation case, that is, when pre-litigation negotiations fail, and the government legally “takes” private property for public use in exchange for “just compensation.” It’s about time we shed some light on an alternative case where the condemning agency avoids exercising its eminent domain power by entering... Read More

Is “Discovery” Permitted in a New Jersey Condemnation Case?

by: Michael Realbuto
20 Jul 2023
In civil litigation, the “discovery” process is a valuable tool for the parties to receive and exchange certain facts, documents, and other information (i.e., evidence) relative to the issue(s) at hand. Most causes of action permit liberal discovery which can be an expensive and timely endeavor for litigants and counsel. However, condemnation cases in New... Read More

Where Does the Government’s Money Come From to ‘Take” Private Property?

by: Michael Realbuto
13 Jul 2023
If you read the title of today’s post, I can guarantee you that the money does not grow on trees! As you know, the government is required to pay “just compensation” when it takes private property, and that value can vary from hundreds of dollars to multiple millions of dollars depending on the size and... Read More

A Primer on Relocation Benefits in New Jersey

by: Michael Realbuto
10 Jul 2023
In New Jersey, persons displaced by a governmental taking, assuming they satisfy all statutory requirements, are entitled to relocation assistance under the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (state implementation of requirements of federal Uniform Relocation Assistance Law), the Relocation Assistance Law of 1967, N.J.S.A. 52:31(b)-1 et seq. (applicable to all displacements, including condemnation... Read More

The Importance of Appraisers in a Condemnation Case

by: Michael Realbuto
6 Jul 2023
As we discussed in our “10 Questions to Ask an Eminent Domain Attorney” post, it is critical to ask your counsel about their relationship with prospective experts such as appraisers, engineers, and planners. After all, expert witnesses play a huge role in determining the successes and credibility of your case. In this blog we are... Read More

The Distinction Between the Government’s “Police Power” and the Power Of “Eminent Domain”

by: Michael Realbuto
5 Jul 2023
There is a common misconception that the government’s “police power” is synonymous with its power of “eminent domain.” This blog aims to dispel any confusion by explaining the distinction between the two terms. Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme... Read More

Real Property Tax Appeals Versus Eminent Domain Cases

by: Michael Realbuto
30 Jun 2023
The real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners…that is the good news, and our firm specializes in representing property owners across N.J. in those types of cases. However, unique situations may arise during a tax appeal that can pose a dilemma for owners. One such... Read More