BLOG: Condemnation Law

Morris Street Redevelopment Plan Adopted

by: Joseph Grather
27 Nov 2012
Following up on our blog entry from two weeks ago, the Morristown Council adopted the Morris Street Redevelopment Plan on November 1, 2012. A full copy of the Redevelopment Plan is available on the town website here. Next step is for the Town to appoint a redeveloper and then negotiate a redevelopment agreement as approved... Read More

Hurricane Sandy and the Dune Replenishment Dilemna

by: Joseph Grather
9 Nov 2012
Along with the destruction of thousands of homes and the devastation of the State’s power-grid (yours truly remains without power 12 days later) Hurricane Sandy’s super-storm surge has brought to the collective conscience the long running debate about who should pay for a public improvement project. Those following our blog will recall that the Army... Read More

Morristown Morris Street Redevelopment Moving Along

by: Joseph Grather
29 Oct 2012
After a relatively long hiatus, it appears that the Morris Street Redevelopment Plan is on the road towards adoption.  As recently reported in the Morristown Patch, the Council introduced an Ordinance to adopt the plan at its October 11, 2012 meeting, and it should be on the Morristown Redevelopment Agency Agenda for November 11, 2012. As... Read More

Mount Holly Residents Praying for Supreme Relief

by: Joseph Grather
24 Oct 2012
NJ.com reports that the Mount Holly Gardens Citizens in Action has asked the U.S. Supreme Court to hear their case that claims municipal redevelopment activity has resulted in discrimination in violation of the federal Fair Housing Act. Statistically, its unlikely that the nation’s high Court will take the case, but the residents remaining at the... Read More

No "Temporary Taking" of Private Property in Long Branch

by: Joseph Grather
17 Oct 2012
On October 11, 2012, the Appellate Division issued an opinion affirming dismissal of a property owner’s temporary taking claim. Hoagland v. City of Long Branch (A-0358-11T2; A-1583-11T2).  Absent successful petition for certification, so ends another chapter in Long Branch’s long history of redevelopment. Before getting to the opinion, it must be noted that the only... Read More

NJ Appellate Court Affirms Right to Condemn

by: Joseph Grather
15 Oct 2012
Yesterday, the appellate division affirmed a trial court decision that rejected a property owner’s request to dismiss a condemnation action on the grounds that the State failed to engage in bona fide negotiations. State, DOT v. St. Mary’s Church (Docket A-5448-10T1).  The property owner argued that dismissal was warranted because the State failed to follow... Read More

California Appellate Court Reverses Property Owner Victory in Condemnation Action

by: Joseph Grather
9 Oct 2012
The Sixth District of the California Appellate Court recently reversed a trial court opinion dismissing a condemnation action and awarding legal fees.  San Benito County v. Hollister, Inn (Docket CU-06-00051& CU-06-00054 September 19, 2012). Following a trial on the County’s authority to use eminent domain (“right to take”), the court found that the County had “committed... Read More

New Jersey Beach Replenishment Saga Continues, This Time in Sea Bright

by: Anthony F. Della Pelle
2 Oct 2012
A state appellate court has ruled that a private beach club in Sea Bright, New Jersey, has to open its entire beach to non-members.  The decision in Chiesa v. D. Lobi Enterprises, Inc., Docket No. 6070-09T3 (September 28, 2012) (opinion available here) is the latest chapter in a story that has been unfolding for nearly 20... Read More

Texas Court: Canadian Oil Company Can Use Eminent Domain in Texas

by: Anthony F. Della Pelle
28 Sep 2012
  Following a recent Texas Supreme Court decision that limited the ability of pipeline owners to condemn property under certain circumstances, a group of property owners in Texas lost their fight to keep a Canadian oil company, TransCanada Keystone Pipeline, from taking their property as part of a 4,000 mile pipeline project.  The landowners are... Read More

Supreme Court Limits Right to Pursue Polluters

by: Joseph Grather
27 Sep 2012
  Yesterday, the New Jersey Supreme Court affirmed a decision from the lower courts that had dismissed an action brought by the New Jersey Dep’t of Environmental Protection against a property owner for an alleged spill. NJDEP v. Dimant (A-2-11, September 26, 2012).  A link to the full text of the opinion is here. This decision is... Read More