BLOG: Condemnation Law
Property Owners Win Right to Compensation in COVID Ordinance Case
In another major victory for private property rights, the 11th Circuit recently ruled that owners of beachfront properties in Walton County, Florida are entitled to just compensation after an ordinance effectively banned them from accessing their own properties. The ordinance, which was enacted during the COVID pandemic to prevent the spread of the virus, was... Read More
PA Legislative Effort Would Permit Farmland Takings
Pennsylvania State Senator Kristin Phillips-Hill wants owners of farmland to receive fair compensation when their property is taken by eminent domain. Under current legislation, condemnors taking preserved land are only required to pay for the agricultural value of their land. This alone, Phillips-Hill argues, is not adequate. Her proposed bill would fully compensate farmland owners... 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
North and South Dakota Clash Over CO₂ Pipeline Project
A multi-state pipeline project in the Midwest has sparked a tense standoff between North Dakota and South Dakota. South Dakota’s new law, which bans the use of eminent domain for carbon pipelines, threatens the viability of the project. This has prompted North Dakota officials to consider taking legal action against its southern neighbor. Let’s see... 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
NJ Supreme Court to Hear Two Eminent Domain Cases
Two potentially significant eminent domain cases are set to be heard by the New Jersey Supreme Court. At the heart of these cases is the public use doctrine rooted in the U.S. Constitution and the New Jersey Constitution. Let’s see how these cases could impact the government’s use of this constitutional power. Township of Jackson... Read More
Can The Government Use Eminent Domain To Take Property Already Devoted To A Public Use?
The Fifth Amendment of the U.S. Constitution allows the government to take private property if the land is being put towards a public use, and so long as the landowner is paid just compensation. Despite controversial court decisions, such as Kelo v. City of New London, 545 U.S. 469 (2005), the requirement that condemned land... 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
