BLOG: Condemnation Law

East Orange Resident Faces an Uphill Battle After a Surprise Tax Foreclosure

by: Michael Realbuto
16 Dec 2021
Buying, owning, and securing property can be one of the most monumental and emotionally taxing periods in a person’s life. As John Adams once noted, “[p]roperty must be secured, or liberty cannot exist.” Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851). These principles are woven throughout the story of... Read More

Penn. High Court: Eminent Domain Power Not Required For Liability in Inverse Condemnation Action

by: Michael Realbuto
15 Dec 2021
In late November 2021, the Pennsylvania Supreme Court addressed a rather interesting question regarding inverse condemnation liability in Hughes v. UGI Storage Co., et al., No. J-69A-2021 (Nov. 29, 2021). There, the Court sought out to answer whether, to be held liable for damages under Pennsylvania’s inverse condemnation statute, an entity must be clothed with... Read More

What Is The Difference Between “Eminent Domain” & “Condemnation?”

by: Michael Realbuto
14 Dec 2021
While the terms “eminent domain” and “condemnation” are often used interchangeably, their true meanings may come as a surprise to most. Eminent Domain Vs. Condemnation   Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme Court has noted that the right of... Read More

What Can NJ Property Owners Expect from President Biden’s $1.2 Trillion Infrastructure Bill?

by: Michael Realbuto
29 Nov 2021
On November 15, 2021, President Joe Biden signed a $1.2 trillion federal infrastructure bill (the “Infrastructure Investment and Jobs Act”) that provides New Jersey with an estimated $12.3 billion in funding over the next five years to revitalize the state’s dilapidated roads, railways, bridges, and tunnels. While widespread infrastructure repair is long overdue in New... Read More

Making Amends: California Decides to Return Bruce’s Beach Almost a Century After the Pretextual Condemnation

by: Michael Realbuto
18 Nov 2021
In late September 2021, California’s Gov. Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. The property, widely known as Bruce’s Beach, was originally bought by Willa and Charles Bruce in 1912 and quickly became a thriving retreat... Read More

Gym Owner Loses Challenge to COVID Shutdown Order

by: Anthony F. Della Pelle
26 Oct 2021
A New Jersey kickboxing business owner was recently denied compensation for the closure and limitations placed on its business under COVID-19 “shutdown” orders signed by Governor Phil Murphy.  The business, JWC Fitness, LLC, based in Franklin, New Jersey, shut its doors in March 2020 in compliance with Murphy’s Executive Order 104, thereby closing its business... Read More

Michigan Supreme Court Allows Flint Water Crisis Victim to Assert an Inverse Condemnation Claim

by: Michael Realbuto
21 Oct 2021
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

by: Allan Zhang
20 Oct 2021
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

by: Michael Realbuto
12 Oct 2021
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?

by: Michael Realbuto
16 Sep 2021
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