BLOG: Condemnation Law
Property Owner Entitled to Compensation After Foreclosure Sale
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
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
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
NC Supreme Court: Condo Developer Entitled to Just Compensation
When the government takes private property using the power of eminent domain, the property owner is entitled to receive just compensation. But what happens when another party shows up with an interest in the property? Should they get a slice of the compensation pie? In a legal showdown that could have been from a real... Read More
Fourth Circuit Reverses Summary Judgment in Favor of Pipeline Company
This case serves as a reminder that the client usually knows more about their property that anyone else. Don’t hesitate to put them on the stand! The Fourth Circuit issued an opinion on January 27, 2025 in Mountain Valley Pipeline, LLC v. 0.32 ACRES OF LAND, Owned by Grace Minor Terry. Full opinion here: Mountain Valley... 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
Extraterritorial Jurisdiction in Eminent Domain: Cornhuskers vs. Buffalos
Extraterritorial jurisdiction in eminent domain creates complex legal challenges when one state attempts to condemn property within another state’s boundaries. The ongoing dispute between Nebraska and Colorado over water rights and land acquisition along the South Platte River exemplifies this rare but significant constitutional conflict. Unlike typical eminent domain vs condemnation proceedings within a single... Read More
Appellate Court Rejects Condemnation Due to Lack of Public Use or Purpose
The New Jersey appellate court published its opinion on Friday January 31, 2025 in Township of Jackson v. Getzel Bee, LLC. Full text Getzel bee App Div 1-31-25. The court’s opinion doesn’t mince words, and poignantly states the issue at the outset: “Lots 84 and 90 are not being used for the asserted public purpose... Read More
