BLOG: Condemnation Law
Michigan Supreme Court Allows Flint Water Crisis Victim to Assert an Inverse Condemnation Claim
From 1964 through late April 2014, the Detroit Water and Sewerage Department (“DWSD”) supplied Flint, Michigan residents with water from Lake Huron. On March 28, 2013, the State Treasurer recommended to the Governor that he authorize the plan to construct an alternative water supply system. Thereafter, on April 16, 2013, the Governor authorized a process... Read More
6th Circuit Rules “Tree Ordinance” Requiring Trees Be Replaced Or Pay A Fine Resulted In Unconstitutional Taking
A recent 6th Circuit Court of Appeals decision determined that a tree ordinance resulted in an unconstitutional taking. The ordinance required any removed trees to be replanted or else pay a fine. The suit, filed by F.P. Development against Charter Township of Canton, Michigan challenged the Ordinance claiming that, inter alia, it constituted a taking of... Read More
4th Circuit: State Sovereign Immunity Bars a Takings Claim in Federal Court when Remedies are Still Available in State Court
A recent decision by the U.S. Court of Appeals for the Fourth Circuit (Zito v. North Carolina Coastal Resources Commission) addressed whether a Fifth Amendment takings claim against the North Carolina Coastal Resources Commission (the “Commission”) is barred by State sovereign immunity. The Pacific Legal Foundation, an organization that has successfully argued many property rights... Read More
A Valuation Dilemma: How Should Litigants Proceed When Confronted with an Eminent Domain Claim During the Pendency of a Tax Appeal?
While the real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners, unique situations may arise during the pendency of an appeal that can pose a dilemma for litigants and practitioners. Specifically, a valuation conflict can arise if a property owner is confronted with a potential taking of... Read More
U.S. Supreme Court’s Emphatic “Take That!” To CDC Eviction Moratorium
Yesterday, the US Supreme Court issued a per curiam opinion which finally (hopefully) ended the ping pong match that had been underway for many months concerning the validity of the federal eviction moratorium, which had been in place since the beginning of the COVID-19 pandemic. The moratorium was first imposed by Congress in March 2020... Read More
Court OKs Governor’s Executive Order Concerning Security Deposits
A New Jersey appellate court has upheld Governor Phil Murphy’s Executive Order No. 128, which permits residential tenants to use their security deposits to pay rent during the COVID 19 pandemic. The Executive Order, entered in April 2020, was one of many entered since last March in response to the economic and public health crises... Read More
When Will The New Jersey Eviction Moratorium End?
As Covid-19 restrictions begin to be eased in New Jersey, especially with the removal of a mask requirement both indoors and outdoors for vaccinated individuals on May 28, life is slowly returning to a pre-pandemic level. However, one restriction which has remained is the eviction moratorium on residential evictions in New Jersey. Currently, New Jersey... Read More
PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.” The full text of the opinion is here. By way of recap,... Read More
Cedar Point Nursery – Per Se Taking Found by United States Supreme Court
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday. Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021). The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property. The full... Read More
Eminent Domain in a Nutshell
Eminent domain has two different manifestations. Most exercises of eminent domain involve takings initiated by government agencies or, in some cases, public utilities such as power or pipeline companies, of privately owned property. This often entails the seizure of land and buildings, as well as the creation of easements and other interests in property. According... Read More
