BLOG: Condemnation Law
COVID Eviction Freezes – Who Is Supposed To Pay?
Yesterday, the United States Centers for Disease Control and Prevention (CDC) issued what is perhaps its most far-reaching order concerning the COVID-19 pandemic. The order, available here, was not an order concerning travel, immunization, or other health-related concerns tied to the pandemic, but rather an order seeking to halt evictions of residential tenants on a... Read More
Constitutional Implications of COVID-19 and Its Impact Upon Property Rights and Individual Liberties
“Our battle with the pandemic is fluid, presenting issues that evolve and change with each day that passes.” MROD’s Anthony F. DellaPelle authored a recent article for the American Bar Association’s Section of Litigation concerning the constitutional implications of the restrictions that have been imposed by various government officials and agencies upon individuals and businesses... Read More
Church Loses Interest Awarded on Condemnation Judgment
I remember long ago, my first case against NJDOT where a judgment awarding constitutional just compensation triggered a duty to pay interest on the award. I also remember reading “Title 27” (NJDOT statute) and finding the 6% “solution” to my interest problem. I mentioned the great news to one of the founders of my firm... Read More
Property Owners Standing Strong Against Pipeline Companies
Just as President Trump moves to block Russia’s expansion of its natural gas pipeline infrastructure, local property owners continue to stand their ground against pipeline companies. Several owners in Mercery County opposed the PennEast Pipeline project. NextCity just published an article detailing an owner’s years-long battle against PennEast. Back in February 2018, PennEast had filed... Read More
NJ Appellate Court: Deed Not Needed For Substitute Access
A New Jersey appellate court recently held that a condemnation creating an easement for alternative highway access to support abutting property was not required to be deeded to an abutting owner. Amba Corporation vs. State by Comm’r of Transp. A-4765-17T2, decided July 24, 2020. The plaintiff in Amba operated a motel in Bellmawr Township with... Read More
Suit Alleges Los Angeles’ Anti-Eviction and Rent Freeze Laws a Taking
The “Apartment Association of Greater Los Angeles” has sued the City of Los Angeles in United States District Court for the Central District of California. A copy of the filed complaint is available here. According to the Complaint, in the wake of the “Wuhan Coronavirus”, the City “hastily” adopted a series of measures that prevent... Read More
NJ Supremes’ Reversal of Jury Verdict Reminds Trial Courts of Gatekeeping Function
Not surprised. As a follow-up report on our blog here, which recounted an Appellate Division opinion affirming a jury verdict of $4.2 million in favor of property owner Anthony Gentile where he did not present appraisal/valuation testimony at trial after his property in central New Jersey was taken by Manalapan Township. Guess the verdict was... Read More
New Supreme Court Ruling on COVID-19 Case – Police Power Trumps Freedom of Religion
On Friday the U.S. Supreme Court issued a terse Order and decision denying a California church’s request for relief from the Governor’s 25% occupancy restriction on church attendance. The Court split 5-4. The Chief Justice issued the majority opinion and Justice Kavanaugh issued the dissenting opinion. The majority’s rationale – federal courts should defer to... Read More
Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General
While most businesses have complied in some form or manner with the spirit of the above meme, a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period. It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More
NJGOP Joins The Shutdown Challenge Party
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State. The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More
