BLOG: Condemnation Law

Hoboken Property Owner's Inverse Condemnation Claim Fails

by: Joseph Grather
13 Nov 2013
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More

Supreme Court Fails to "c" Property Owner's Argument on Variance

by: Anthony F. Della Pelle
11 Nov 2013
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval.  The issue... Read More

NJ Appellate Court Confirms Property Owners' Right to Compensation For Loss of Ocean View

by: Joseph Grather
30 Oct 2013
On October 28, 2013, the Superior Court of N.J., Appellate Division published an opinion in back to back appeals captioned Petrozzi v. City of Ocean City .  Both cases had their nascence long before Sandy casts its long shadow on New Jersey beaches and property owners.  Having no dune protection in place, in 1989, Ocean City reached... Read More

Redundant But True: Tenant's Relocation Claims Denied…For Failure to Relocate

by: Anthony F. Della Pelle
15 Oct 2013
A New Jersey appellate court recently rejected a commercial tenant’s claims for relocation benefits and assistance arising out of a displacement caused by a redevelopment project in Wrightstown Borough, near the Fort Dix military establishment.   The claimant, Andrew Rosen, was the owner of Wright Cleaners, which had been operated at the same location since... Read More

Supreme Court to Take Another Look at Meaning of "In Need of Redevelopment"?

by: Joseph Grather
7 Oct 2013
Late last week, the New Jersey Supreme Court certified this question: “When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law,  N.J.S.A.   40A:12A-1 to -73, must the municipality expressly find that the property is “blighted” pursuant to the Blighted Areas Clause of... Read More

Dune Replenishment Case Settled, So State Gives Green Light To Acquire Remaining Easements

by: Anthony F. Della Pelle
25 Sep 2013
Today we may have learned why there has not been any noticeable progress in the government’s acquisition of approximately 1,000 dune easements in several municipalities on the Jersey Shore.  This afternoon, a settlement was reported between the Borough of Harvey Cedars and Mr. and Mrs. Karan, which resulted in the ruling this summer from the... Read More

Bipartisan Redevelopment Reform Becomes Law in New Jersey

by: Joseph Grather
11 Sep 2013
New Jersey Governor Chris Christie signed into law  bipartisan legislation (A-3615/S-2447) (full text here) this week that was intended to correct several due process and constitutional failures in the prior statute found by the New Jersey Courts in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008); and Gallenthin Realty Development v. Paulsboro, 191... Read More

Down-Zoning Invalidated by Appellate Division

by: Joseph Grather
10 Sep 2013
In Griepenburg v. Township of Ocean, decided August 29, 2013, the a New Jersey appellate court invalidated an Ocean Township zoning ordinance that down-zoned the plaintiffs’ thirty-one acre property from a mix of residential and commercial uses (including hotel) to one residential unit per twenty acres.  The Township’s offered justification for the ordinance was to... Read More

Cal App Ct Denies Pre-Condemnation Damages

by: Joseph Grather
27 Aug 2013
A California Court of Appeals panel recently reversed a trial court decision which was favorable to a property owner in Dep’t of Transportation v. McNamara.  The issue on appeal was limited to whether the property owners were entitled to pre-condemnation damages as a matter of law.  The trial court awarded the property owner pre-condemnation damages in... Read More

Underwater Mortgage Plan: Will it Sink or Swim?

by: Anthony F. Della Pelle
20 Aug 2013
It has been several months since we last reported on the scheme to use eminent domain to seize “underwater” mortgages in various places around the country.  It appeared that the idea died out earlier this year, but it has recently come back with a vengeance.  In recent weeks, several California cities have advanced efforts to... Read More