BLOG: Condemnation Law
7th Cir. Axes “Judicial Takings” Theory in Lakefront Property Case
The Seventh Circuit U.S. Court of Appeals decided an interesting takings case this past cycle which involved several Indiana properties that abut Lake Michigan. In Pavlock v. Holcomb, the property owners asserted a relatively novel “judicial takings” theory that was ultimately rejected by the panel. The Court held that the lakefront owners could not sue... Read More
U.S. Tax Court Addresses Conservation Easement Valuation
Conservation Easement Valuation & The U.S. Tax Court On October 17, 2022, the United States Tax Court rendered a forty-three (43) page opinion in Champions Retreat Golf Founders, LLC, Riverwood Land, LLC Tax Matters Partner v. Commissioner of Internal Revenue (hereafter “Champions Retreat”) that established the valuation for the conservation easement that was donated in... Read More
SCOTUS Locks Crosshairs on Key Property Rights Issue
Although our blog primarily focuses on eminent domain related issues in the courts, our ears perk up whenever the High Court decides to clarify a significant property rights issue. In Wilkins v. United States, No. 21-1164, the Supreme Court is scheduled to hear argument on November 30, 2022, regarding the following question presented: Two Montana... Read More
Was Eminent Domain “Made in America”? Upstate NY Residents Soon To Find Out
Nearly 20 years after the United States Supreme Court issued its controversial opinion in Kelo v. City of New London, an economic development project near Syracuse, New York has residents wondering whether their homes and businesses will be taken by eminent domain in order that a computer chip factory can be built by Micron, one... Read More
Trenton Mayor vs. City Council: Who Controls the Creation of a Redevelopment Agency?
In Mercer County, there is a lawsuit heating up between the Trenton City Council and Mayor Reed Gusciora over the creation of a new redevelopment agency. The City Council kicked off the lawsuit in April 2022 with a Verified Complaint and Order to Show Cause. The Order to Show Cause sought to preliminarily restrain the... Read More
Texas Court Rules that Property Owners May Sue Army Corps for Flood Damages
A Texas Court recently awarded six “upstream” property owners affected by flooding during Hurricane Harvey (August 2017) $550,000. See Landmark Research summary 2022-11-8 Compensation for Army Corps Flooding – Hurricane Harvey. During Hurricane Harvey, the Addicks and Barker Flood Reservoirs created by the Army Corps of Engineers filled with water and caused widespread damage to... Read More
All Rise for the Jury!
A year and a half ago I blogged about trials in the age of COVID/sars (here). I’m happy to report that we’re now back in person and I was lucky enough to spend last week at the historic Brennan Courthouse (interior rotunda pictured above) with a Hudson County jury. There is nothing in the world... Read More
Valuing Contaminated Property in a Condemnation Case
Regarding the intersection of eminent domain and environmentally contaminated property, the New Jersey Supreme Court made the following observation: In general, eminent domain springs from two separate legal doctrines. The right of the State to take private property for the public good arises out of the necessity of government, whereas the obligation to make “just”... Read More
Chabad of the Beaches “Takes” On the Village of Atlantic Beach
A recent eminent domain case unfolding across the river involves the potential taking of property owned by Chabad of the Beaches (“Chabad”), a Jewish community group, to be used for religious purposes. Chabad was founded by the Rabbi Eli Goodman and his wife, Beila Goodman, to serve the Jewish population of Long Beach Barrier Island.... Read More
No Standing for PA Senators Alleging Taking
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More
