BLOG: Court Decisions
Federal Circuit Rejects Takings Claims in Indiana Rails-to-Trails Dispute
Earlier this year, the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ dismissal of takings claims brought by a group of Indiana landowners. ATS Ford Drive Investment, LLC v. United States, 136 F.4th 1066 (Fed. Cir. 2025). The case centered on whether the federal government’s facilitation of a recreational... Read More
Decades-Old Lease Haunts Property Owner in Eminent Domain Case
Following a recent decision from the N.J. Appellate Division, the long-running eminent domain saga between Pemberton Township and property owners, Rocco and Antonia Berardi (the “Berardis”), may have finally concluded. See Twp. of Pemberton v. Berardi (Berardi I), 378 N.J. Super. 430 (App. Div. 2005); Berardi v. Twp. of Pemberton (Berardi II), No. A-1973-11 (App.... Read More
U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums
On June 6, 2025, a U.S. federal appeals court ruled that the U.S. government may have to face property damage claims by landlords from a COVID-era eviction moratorium. In the case Darby Development Company Inc. et al. v. United States, No. 22-1929, residential property owners sued under the 5th Amendment’s Takings Clause which prevents the... Read More
Supreme Court to Decide if Eviction Moratorium Constitutes Fifth Amendment Taking
The United States Supreme Court stands at a pivotal crossroads in property rights jurisprudence as it considers whether to hear a case that could fundamentally reshape the relationship between government emergency powers and private property rights. At issue is whether government-imposed eviction moratorium measures during the COVID-19 pandemic constituted a “taking” under the Fifth Amendment,... Read More
HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
Inverse Condemnation vs Eminent Domain: What New Jersey Property Owners Need to Know
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
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
SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court... Read More
First Highway Access Case Published In Years – Same As It Ever Was
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More
SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More
