BLOG: Condemnation Law

Denial of SCOTUS Review: Open Door for More Takings Under Kelo?

by: Michael Realbuto
27 Jul 2022
Our blog often focuses on Court action that shapes the law surrounding the substantial power of eminent domain. However, in some instances, Court inaction may lead to detrimental consequences for property owners when faced with a governmental taking. One notable example of Court inaction that is worth discussing is the case of Eychaner v. City... Read More

How Does a Reverse Mortgage Impact Your Recovery in an Eminent Domain Case?

by: Michael Realbuto
19 Jul 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. Notwithstanding that substantial power, the government may not take property for public use without paying the property owner “just compensation.” (Emphasis added). Generally speaking, the fair market value of the property taken, plus any damages to any... Read More

Oberlin Pipeline Challege Ends at DC Circuit Court of Appeal

by: Joseph Grather
18 Jul 2022
“Tin soldiers and Nixon’s coming We’re finally on our own This summer I hear the drumming Four dead in Ohio….” Ohio, Crosby Stills Nash & Young (Neil Young). Well, it’s not as drastic as “four dead in Ohio”, but I love the tune and the City of Oberlin’s appeal is now dead (unless miraculously revived... Read More

Missouri Revises Its Eminent Domain Laws, Protects Property Rights

by: Allan Zhang
13 Jul 2022
On June 11, 2022, Missouri’s Governor Michael Parson signed House Bill HB 2005 to reform the State’s eminent domain laws. The new legislation specifically targets use of eminent domain by electrical companies as well as application to farmland being taken. HB 2005 details that in order to use the power of eminent domain, electrical companies... Read More

Revocation of Highway Access Affirmed on Appeal

by: Joseph Grather
6 Jul 2022
On July 5, 2022, the Appellate Division affirmed a denial of direct highway access by the NJ Dep’t of Transportation. In re Revocation of the Permit for Direct Access to Route 206, Docket A-1958-18. Opinion here.  The property owner – Sylvia Zika – had litigated the denial of access through the entire regulatory process culminating... Read More

LA Considers “Buying” Private Apartment to Fight Soaring Rent Prices

by: Michael Realbuto
16 Jun 2022
In late May 2022, the Los Angeles City Council directed the city to make a formal offer on a 124-unit housing development where the landlord raised rents by up to 300 percent. Residents of the Hillside Villa Apartments (“HVA”) at 636 N. Hill Place have lobbied since 2020 for Los Angeles to use the power... Read More

Redevelopment Plan Approving Grocery Store Use Upheld on Appeal

by: Joseph Grather
6 Jun 2022
Last Friday, a two-judge panel of the Appellate Divison issued a Per Curiam opinion in Meredith v. Mayor and Council Borough of Somerdale (A-1933-20) and “affirm[ed] substantially for the cogent reasons expressed by Judge Silverman Katz in her thorough written decisions.” Slip op. at 16. Full text of the opinion is available here. This case... Read More

10 Questions to Ask an Eminent Domain Attorney

by: Michael Realbuto
12 May 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. When confronted with this power, it is easy for property owners to feel overwhelmed or confused by the process. Retaining reliable and experienced eminent domain counsel is the single most effective way to protect your property rights... Read More

Fear of Taking and Allegations of Conspiracy Not Enough to Stop Redevelopment Designation

by: Allan Zhang
25 Apr 2022
This recent Third Circuit Court of Appeals opinion stemmed from the district court’s dismissal of Plaintiff’s Complaint in Lieu of Prerogative Writ. Merrick Wilson, Academy Hill, Inc., and River Valley Heights Corp. (“Plaintiffs”) brought this action challenging the City of Lambertville’s resolution (100-2018) declaring an area that included Plaintiffs’ property as “in need of redevelopment.”... Read More

Appellate Division Affirms Town’s Right to Take Redevelopment Property

by: Michael Realbuto
14 Apr 2022
In New Jersey, redevelopment designations are often a precursor to the government exercising its eminent domain power. However, in order for the government to use eminent domain, it must first obtain a final judgment from the court authorizing the “right to take.” On April 6, 2022, in Lindenwold v. Jackson, et al., the Appellate Division... Read More