BLOG: Condemnation Law
Relocation Benefits: Major Changes in Federal Regulations After Two Decades
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 The federal regulations governing relocation benefits had not seen significant updates in two decades, leading to outdated provisions that no longer...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
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
Understanding New Jersey Short-Term Rental Laws
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More
DeVillier v Texas – Owner Entitled to Just Compensation in State Court Proceeding
Here’s the short story. Texas Dep’t of Transportation modified a highway adjacent to private property to act as flood protection for property south of the highway. But, every time it rained post-construction, the Property owner north of the highway was flooded as depicted on the image from the Court’s opinion above (right side of photo).... Read More
Beach Season: Appellate Court Clarifies Motion Procedure in a Condemnation Case
In late February 2024, the N.J. Appellate Division decided on an appeal involving a Point Pleasant condemnation case where a property owner filed a barrage of pre-trial and post-judgment motions. All of the owner’s motions were denied by the trial judge. After hearing arguments, the Appellate Division ultimately affirmed the rulings. The justification for the... Read More
No More Gold for El Dorado County California
A unanimous United States Supreme Court decided in favor of property owner George Sheetz on April 12, 2024. Opinion here: Sheetz v Eldorado. Six months ago, the Court granted certiorari to hear the owner’s complaint about an excessive permit fee of $23,420 (our blog on topic here). The fee was imposed as a condition precedent... Read More
Something Stinks (But Not The Jury Award For Houses Flooded w/ Sewage)
Quick one before heading out for the Easter holiday weekend. Apparently, a Camden County jury recently awarded four property owners over $21,000,000 for damages caused by a flooding event in 2019, which substantially damaged their residential properties. The plaintiffs’ alleged that before the flooding event in June 2019, their properties ranged in value from $350,000... Read More
Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases. Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction. It’s not technically an eminent domain or condemnation case, but it relates to... Read More
Coney Island Redevelopment – Thunderbolt Roller Coaster Case
For my final post of 2023, a condemnation valuation case from neighboring New York. I don’t know whether the litigants referred to it as the “Thunderbolt Roller Coaster Case”, but I would have. The case offers an interesting perspective on three discrete valuation issues arising out of a partial takings redevelopment case. The opinion is... Read More
Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court
On December 4, 2023, a panel of the Appellate Division of the Superior Court of New Jersey published an opinion that adopted the holding of Tyler v. Hennepin County to reject one of appellant’s arguments. The case is captioned 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, and the full text of the opinion is... Read More
