BLOG: Condemnation Law

Eminent Domain and Racial/Societal Bias: A Primer

by: Anthony F. Della Pelle
7 Oct 2024
The government’s use of eminent domain has been essential to facilitate infrastructural development, as the practice has given rise to projects from railroads, to public roads and highways, schools, hospitals, historical sites, parks, and more. The Fifth Amendment to the United States Constitution limits the government’s power to take privately owned lands for public uses... Read More

A Comprehensive Guide to Eminent Domain Just Compensation

by: Anthony F. Della Pelle
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11 Sep 2024
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More

Eminent Domain in a Nutshell

by: Anthony F. Della Pelle
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2 Sep 2024
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More

App Div Affirms Redevelopment of 615 River Road Edgewater Property

by: Joseph Grather
26 Aug 2024
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div.  The decision appears to be the end of years of litigation over the redevelopment of... Read More

Police Power vs. Eminent Domain: Key Differences in Real Estate

by: Michael Realbuto
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14 Aug 2024
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More

10 Essential Questions to Ask Your Eminent Domain Attorney

by: Michael Realbuto
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11 Aug 2024
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More

North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!

by: Joseph Grather
2 Aug 2024
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... Read More

Inverse Condemnation vs Eminent Domain: What New Jersey Property Owners Need to Know

by: Michael Realbuto
31 Jul 2024
Understanding the differences between inverse condemnation and eminent domain is crucial for property owners, especially in New Jersey. Inverse condemnation vs. eminent domain involves distinct legal processes and implications. This blog post will delve into these differences, providing insights into how each impacts property rights and what property owners in New Jersey need to know.... Read More

Relocation Benefits: Major Changes in Federal Regulations After Two Decades

by: Michael Realbuto
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18 Jul 2024
Relocation benefits are crucial for individuals and businesses affected by relocations due to federally funded projects. These benefits provide essential financial and logistical support, ensuring that those displaced can transition smoothly to new locations. The federal regulations governing relocation benefits had not seen significant updates in two decades, leading to outdated provisions that no longer... Read More

As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims

by: Joseph Grather
28 Jun 2024
With the 4th of July fast approaching, a New Jersey appellate court issued its opinion in Englewood Hospital v. State of New Jersey. Englewood Hospital v. State of New Jersey.   While the case is hot off the press and we haven’t fully digested it, there was no ambiguity about the result: “Considering the arguments and... Read More