BLOG: Condemnation Law

Property Rights Trampled by COVID-19

by: Joseph Grather
22 Apr 2020
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property.  The Order denied access to the owners private beach. If you have 5 minutes,... Read More

Town Looks Gift Horse in Mouth – Gets Bitten

by: John H. Buonocore, Jr.
15 Apr 2020
NJSEA v. Kearny A recent Appellate Division decision affirmed a trial judge’s award of  just compensation concerning the taking by a State agency of a municipal landfill in Kearny.  The award matched the amount of the condemning agency’s appraisal, and both the trial and appellate court’s rejected entirely the municipal property owner’s theory of value. ... Read More

NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering

by: Anthony F. Della Pelle
6 Apr 2020
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More

Two Worlds Collide: States of Emergency and Individual Rights

by: Anthony F. Della Pelle
18 Feb 2021
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More

When Can the Government Take Private Property? Understanding Your Rights During Public Health Emergencies

by: Anthony F. Della Pelle
can the government take private property
6 Nov 2024
During public health emergencies, property owners often face a critical question: when can the government take private property for public use? While declarations of national or state emergencies grant government agencies expanded powers, understanding your rights as a property owner is essential. As New Jersey’s leading eminent domain lawyers with over 50 years of experience... Read More

Owner’s Verdict Potpourri of Condemnation Valuation Principles

by: Joseph Grather
4 Mar 2020
Last month, the a New Jersey appellate court affirmed a $3,000,000.00 verdict rendered by a Camden County jury for the taking of an eight story 80,000 s.f. building in Camden City Center.  The full text of the opinion is here:   Estate of Rubin v. Camden Parking Authority.  The Parking Authority appealed arguing the owner’s valuation... Read More

Federal Appeals Court Rules PennEast Cannot Haul State into Federal Court for Pipeline Takings

by: Joseph Grather
26 Sep 2023
We may be late to the party, as there has already been a lot of publicity over this decision, but thought we would add a few lines for our readers. The Circuit Court immediately explained that the District Court granted PennEast “orders of condemnation and preliminary injunctive relief for immediate access to the properties.” Slip... Read More

50 Year Old Newark Blight Designation Invalidated

by: Joseph Grather
29 Aug 2019
On August 16, 2019, the Honorable Thomas Vena, J.S.C. invalidated a 50-year-old blight designation of Plaintiff Benjamin Moore’s property in Newark, New Jersey.  The full text of the opinion is a worthwhile read and can be found here.  In one respect, it is a fountainhead decision because the Court invalidated a blight designation that had... Read More

Paying the Pied Piper: Third Circuit Court of Appeals Court Rules That State Law Applies in Federal  Eminent Domain Suit

by: Anthony F. Della Pelle
26 Sep 2023
In TENNESSEE GAS PIPELINE COMPANY, LLC v. PERMANENT EASEMENT FOR 7.053 ACRES, et als, the United States Court of Appeals for the Third Circuit faced an issue of first impression, and held that State eminent domain law must be applied in federal takings matters. Tennessee Gas Pipeline Company, a private utility corporation, holds   a certificate... Read More

Non-Residential Development Fees: the Plain Language Confirms

by: Thomas Olson
29 Jan 2024
The New Jersey Tax Court recently determined 1) whether a subject property was improved for the purposes of calculating the Non-Residential Development Fee (“NRDF”)(N.J.S.A. 40:55D-8.1 to 8.7) and 2) the correct date to use when determining the preexisting value of the subject property for the purposes of computing the NRDF owed. The NRDF is applied... Read More