BLOG: Condemnation Law

Sayreville Developer Fails in Challenge to Redevelopment Fees

by: Anthony F. Della Pelle
30 May 2012
A New Jersey appellate court this week rejected an appeal by a Sayreville developer to challenge the imposition of costs and fees levied upon its commercial redevelopment by the Sayreville Economic Redevelopment Agency (“SERA”).  The developer Gillette Enterprises, Inc., sought to develop a parcel of land within Sayreville’s redevelopment area with age-restricted housing, after it... Read More

Inverse Condemnation Defeated: Wildwood Property Owner Fails to Exhaust Administrative Remedies

by: Joseph Grather
22 May 2012
On Friday May 18, 2012, a New Jersey appellate court affirmed – and published – the trial court’s decision in Dock Street Seafood, Inc. v. City of Wildwood, ___ N.J. Super. ___ (Law Div. Docket No. L-17056-06).  Plaintiff/appellant owns a vacant parcel of property located at 600 West Baker Ave in Wildwood, N.J. adjacent to its... Read More

LBI Town Forum Shopping to Avoid Paying Just Compensation?

by: Joseph Grather
8 May 2012
The Press of Atlantic City reports that Long Beach Township intends to use eminent domain in its forthcoming beach replenishment cases involving oceanfront properties within its boundaries.  However, unlike its neighbor – Harvey Cedars – Long Beach will apparently be seeking to avoid trials in New Jersey Superior Court, where property owners have received just compensation as... Read More

Willets Point Takings Abandoned by NYC at Eleventh Hour

by: Anthony F. Della Pelle
3 May 2012
The City of New York has withdrawn its efforts to use eminent domain to acquire properties within a 62-acre “Iron Triangle” in the Willets Point section of Queens near Citi Field and downtown Flushing. The condemnations were scheduled to proceed to hearing next week, but the Bloomberg administration instead halted the takings of several private... Read More

Morristown's Speedwell Avenue Redevelopment Nears Approval

by: Joseph Grather
18 Apr 2012
(Photo courtesy Dean Marchetto/ Morristown’s Speedwell Avenue redevelopment project appears to be heading towards approval.  As reported by Maria Pfeifer in, the Planning Board directed special counsel to prepare a resolution approving Phase 1 on the redevelopment plan, which calls for construction of residential units along Speedwell Avenue and Early Street. One bone of contention... Read More

Appellate Court Reaffirms Bedrock Condemnation Principles in Dismissing Complaint

by: Joseph Grather
5 Apr 2012
This week, a New Jersey appellate court reversed a trial court judgment allowing a condemnation action to proceed in the face of the property owner’s objection that the government has failed to engage in bona fide negotiations pre-complaint.  New United Corp. v. Essex County Vo-Tech. There appears to have been a long-standing dispute, prior and... Read More

Real Estate Tax Appeal Evidence: Admissible in Eminent Domain Case?

by: Anthony F. Della Pelle
30 Mar 2012
A Kansas property owner recently challenged the $7.5 million award of court-appointed appraisers in an eminent domain matter, only to have the award reduced to $6.95 million at trial based on evidence of the property’s value from a prior tax appeal.  The owner, KC Mall Associates, filed a motion before the trial began to prevent... Read More

Greetings from Asbury Park! Courts Deny Property Owners' Request for Takings

by: Joseph Grather
27 Mar 2012
Photo courtesy of On March 26, 2012, the Appellate Division wrote another chapter in Asbury Park’s redevelopment book, where the final and unwritten chapter conjures images of the City’s ‘glory days’ pictured above. City of Asbury Park v. Springwood Lake, LLC.  Without recounting the entire Asbury Park redevelopment history, the short course in this case... Read More

Property Owners’ Prayers Answered by Supreme Court in Sackett Case

by: Joseph Grather
26 Mar 2012
Photo Courtesy: Property owners Michael and Chantell Sackett of Priest Lake, Idaho fought the law, and surprisingly, they won.  On March 21, 2012, the Supreme Court of the United States – in a unanimous decision – sided with the property owners in determining that the property owners had the right to challenge an Environmental... Read More

New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain

by: Anthony F. Della Pelle
12 Mar 2012
Today’s Daily Record featured this article by reporter Cara Townsend which highlighted Todd Kuehm, a fourth generation New Jersey farmer, and his fight against the Township of Montville’s use of eminent domain on his 28 acre farm. The article covers the history of the litigation from the Township adopting ordinances which denied him the ability to install a... Read More