BLOG: Condemnation Law
Balancing Private Property Rights and Public Development
In most free countries, the right to own and control private property is a foundational principle. It underpins economic freedom, personal autonomy, and the ability to build wealth across generations. Yet, this right isn’t absolute. Governments retain eminent domain power—the authority to seize private property for public development projects, provided “just compensation” is given. The... Read More
Proposed Housing Development Puts Historic NJ Racetrack at Risk
Like every municipality in New Jersey, Old Bridge Township must provide its “fair share” of affordable housing units. Specifically, it needs to provide 673 units by the year 2035. One proposed development site would substantially help meet that requirement—but it also places a historic local racetrack at risk. Affordable Housing The affordable housing obligation began from... Read More
SCOTUS to Decide Landmark Case Regarding the Measure of “Just Compensation”
It’s rare for the Supreme Court of the United States to hear a case that could clarify the “just compensation” requirement under the Fifth Amendment. More than a century ago, the Court held that when “private property is taken for public use, and there is a market price prevailing at the time and place of... Read More
Not So Fast! Hackensack Property Owners Challenge Redevelopment Designation of Sears Site
As we turn our calendars to 2026, a major redevelopment battle is unfolding in Hackensack, where the owners of the former Sears property on Main Street have filed suit against the City and its Planning Board. The complaint—filed by Arcolo Hackensack LLC and related entities—paints a picture of a redevelopment process the plaintiffs allege was... Read More
