BLOG: Condemnation Law
How Can a Redevelopment Designation Lead to a Taking by Eminent Domain?
In short, the determination that an area is designated “in need of redevelopment” by a local government, while not a constitutional taking itself, can be a precursor to a taking if the lawful procedure is followed by the government. Unless a property owner challenges the substance of the initial redevelopment designation at the time of... Read More
How One Texas Agency Restricted Its Eminent Domain Powers
Here is some eminent domain news from the Lone Star State. In a rarely seen maneuver (at least something this blogger has never), a new policy adopted by the Texas Parks & Wildlife Commission will restrict the Texas Parks and Wildlife Department’s (TPWD) future use of its eminent domain powers. Parks and Wildlife Code (section... Read More
NJ Inverse Condemnation Action “Grossly Out of Time”
A two-judge panel of the Superior Court, Appellate Division issued a per curiam opinion yesterday in 546 OG, LLC v Edgewater affirming summary judgment dismissal of a property owner’s “inverse” condemnation claim. Opinion – 546 OG LLC v. Edgewater. Basically, when a property owner alleges that its property has been taken by a governmental entity... Read More
Water Company Considers Condemning Alabama Neighborhood
Many of the typical eminent domain cases involve circumstances where a condemnor (i.e., the taking authority) seeks to take a solitary parcel of property, or a portion of the same, to further a public project. So, when we catch wind of a story where a water company is seeking to seize a city neighborhood, it... Read More
Eminent Domain in the Amazon Rainforest?
Being a “dirt lawyer” or owner’s counsel for the past twenty years – you start seeing takings’ law in everyday life. For instance, this past Sunday I read an article in the New York Times – Brazil Found Last Survivors of Amazon Tribe. Now What? (August 20, 2023) In 1989, a government agent, deep in... Read More
Is Rent Control A Taking? NY Owners Ask Supreme Court to Decide
Catching up on my summer reading. I stumbled across a great law review article by Michael Berger entitled, The Joy of Takings (Journal of Law & Policy 2017), which is recommended reading for any condemnation practitioner and may be the subject of a future blog. But today, I wanted to share a Petition for Certiorari... Read More
The Heavy Burden of Eminent Domain
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is... Read More
“Perpetual” Storm Protection???
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms. It was almost a right of passage. That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More
Sandy Dunes Still Creating Property Rights Disputes
Earlier this year, several oceanfront property owners in Toms River sued their homeowner’s association and the municipality because they were precluded from building a “dune walkover.” The dunes are those that were funded after the devastation to the Jersey Shore caused by Hurricane Sandy in 2012. The project was designed by the Army Corps of... Read More
Let’s Make a Deal: Ocean County Set to Acquire Campground Site for $5.9M
Many of our blog posts focus on the run-of-the-mill condemnation case, that is, when pre-litigation negotiations fail, and the government legally “takes” private property for public use in exchange for “just compensation.” It’s about time we shed some light on an alternative case where the condemning agency avoids exercising its eminent domain power by entering... Read More
