BLOG: Condemnation Law

North and South Dakota Clash Over CO₂ Pipeline Project

by: Jon Ferrari
30 Sep 2025
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

by: Michael Realbuto
25 Sep 2025
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

by: Jon Ferrari
22 Sep 2025
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?

by: Anthony F. Della Pelle
25 Aug 2025
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

by: Michael Realbuto
5 Aug 2025
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

by: Michael Realbuto
29 Jul 2025
When the government exercises its power of eminent domain to take private property for public use, it must follow a legal process known as “condemnation.” At the heart of any condemnation lawsuit are the parties involved, each with distinct roles, rights, and responsibilities. Understanding who these parties are is essential for anyone navigating a potential... Read More

N.J. Appellate Court Blocks Town from Stopping Affordable Housing Project

by: Michael Realbuto
17 Jul 2025
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

Property Owner Entitled to Compensation After Foreclosure Sale

by: Jon Ferrari
8 Jul 2025
The Pacific Legal Foundation secured a major victory in the New Jersey Superior Court, Appellate Division. Let’s delve into Johnson v. City of East Orange and explore how the appellate court’s decision is a great sign for property owners. Background Lynette Johnson bought a commercial property for her children in East Orange. Since the structure on... Read More

U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums

by: Anthony F. Della Pelle
8 Jul 2025
On June 6, 2025, a U.S. federal appeals court ruled that the U.S. government may have to face property damage claims by landlords from a COVID-era eviction moratorium. In the case Darby Development Company Inc. et al. v. United States, No. 22-1929, residential property owners sued under the 5th Amendment’s Takings Clause which prevents the... Read More

No One is Safe! Chicago Suburb Aims to Buy – or Take – Pope Leo XIV’s Childhood Home

by: Michael Realbuto
2 Jun 2025
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