BLOG: Condemnation Law
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
Navigating Eminent Domain Claims and Tax Appeals: A Guide
Understanding the nuances of an eminent domain claim is paramount for protecting one’s assets and rights in the complex world of property ownership and investment. Among the intricate intersections of law that property owners may face is the convergence of eminent domain claims and tax appeals. This blog aims to elucidate this overlap, offering guidance... 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
Arby’s Exception to the Jury View Rule?
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property. A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More
Nearly a Year Later, Is COVID-19 Still a Public Health “Emergency”?
It has been nearly a year since the COVID-19 pandemic has brought unprecedented uncertainty and consequences to our families, businesses, and communities. Government agencies persist with actions to protect the health and safety of the American public. Regardless of whether these actions are necessary or are helping to fight the COVID-19 pandemic, nearly one year... Read More
US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari. Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More
