BLOG: Condemnation Law

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

Eminent Domain to Save Property Owners from Foreclosure?

by: Joseph Grather
26 Sep 2012
  Will eminent domain be allowed to seize “underwater” mortgages?  Opposing viewpoints appear to be coming up every day: A recent National Law Journal blog suggested that the practice would be legal and according to its title: “Eminently Reasonable.” Dana Berliner is the head of Litigation at The Institute for Justice and a direct link to... Read More

Court Rejects Property Owner’s Unverified Sales Evidence at Trial

by: Anthony F. Della Pelle
7 Sep 2012
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property.  The judge... Read More

New Jersey Beach Replenishment Town Seeks End Around In Federal Court

by: Joseph Grather
14 Aug 2012
In follow-up to our blog posting of May 8, 2012 (LBI Town Forum Shopping to Avoid Paying Just Compensation?): Long Beach Township is continuing in its attempts to adjudicate their beach-front property acquisitions into federal court.  According to a recent report from, the township seeks to adjudicate the takings cases in federal court because “federal courts recognize... Read More

NJDOT Victory Reversed on Appeal

by: Joseph Grather
18 Jul 2012
Earlier this week, the Appellate Division issued an opinion reversing a Law Division decision that held a property owner was barred from claiming that NJDOT failed to specifically perform as promised in a written settlement agreement. State, Commissioner of Transportation v. Delucca (Docket No. A-3129-10T1).  A copy of the opinion may be found here. Photo... Read More

Widespread Disagreement on Plan to use Eminent Domain to Acquire Mortgages

by: Anthony F. Della Pelle
17 Jul 2012
Time Magazine recently covered a controversial plan proposed by Mortgage Resolution Partners to acquire distressed mortgages using the government’s eminent domain power.  The article highlighted some of the concerns raised in a post on this blog, as well as in other local and national media outlets. Specifically, mortgage holders will not likely accept the value... Read More

"Special" Valuation Rules N/A To Environmentally Remediated Property

by: Anthony F. Della Pelle
17 Jul 2012
Yesterday a New Jersey appellate court narrowed the scope of a property owner’s liability for environmental remediation when the owner’s property is taken via eminent domain.  In Borough of Paulsboro v. Essex Chemical Corporation, the Superior Court, Appellate Division (Skillman, J.A.D.) held that a property owner that had obtained approval of a closure plan for... Read More

Should Governments Use Eminent Domain to Acquire Underwater Mortgages?

by: Anthony F. Della Pelle
20 Jun 2012
In an unprecedented move, a group of venture capitalists out of San Francisco hopes to convince county and local officials in California to use the power of eminent domain to seize control of private residential mortgage-backed securities with the intent of cutting the principal balances of negative-equity borrowers. As proposed, Mortgage Resolution Partners would work... Read More

Collingswood Redevelopment Moving Forward After Debt Upgrade

by: Joseph Grather
5 Jun 2012
Moody’s recently lifted Collingswood out of the junk-pile when it upgraded their credit rating to the lowest investment grade last Thursday.  NJBiz. com quotes  Mayor Maley:  “Nothing changed on our end. All that changed was that (Moody’s) got a better understanding of what condition the town and the project is in,” Maley said. “Moody’s should have... Read More