BLOG: Condemnation Law

Harvey Cedars Complaining About Payments to Property Owners for Beachfront Takings

by: Joseph Grather
15 Nov 2011
As reported by Donna Weaver in this Press of Atlantic City article, beachfront property owners in Harvey Cedars have recently been paid constitutional just compensation for the taking of their private property rights — private beachfront – by the government. Harvey Cedars is located on Long Beach Island.  As part of a beach replenishment project designed... Read More

Pipeline Protests Reach the White House

by: Anthony F. Della Pelle
7 Nov 2011
The controversy surrounding the Keystone Pipeline project has escalated to the point where protesters surrounded the White House yesterday to demand that the project be stopped. Read CNN’s coverage of the recent event here. We previously covered this story in our New Jersey Condemnation Law Blog (story available here), and first discussed this project a year... Read More

Prior Owner's Assent Does Not Defeat Inverse Condemnation Claim

by: Joseph Grather
26 Oct 2011
Ciaglia v West Long Branch – Inverse Remedy Awarded by Appellate Division Yesterday, the Appellate Division of New Jersey’s Superior Court reversed a trial court that had dismissed a property owner’s lawsuit alleging that West Long Branch’s zoning regulations amounted to an inverse condemnation of an undersized lot created by a subdivision approved by the Planning Board... Read More

New Speedwell Avenue Redevelopment Plan Adopted

by: Joseph Grather
20 Oct 2011
As anticipated, the Morristown Council approved a new version of the Speedwell Avenue Redevelopment Plan. reporting. The new plan calls for a four-part phased development of the area along Speedwell Ave generally running up from the Salvation Army on Spring Street to St. Margaret’s Church of Scotland on Speedwell, and partway down Early Street.... Read More

Keystone Pipeline Project Chugging Along

by: Anthony F. Della Pelle
19 Oct 2011
Controversy Continues to Surround Canadian Oil Company Seeking Eminent Domain Authority in United States A recent article on examined the issues and controversy surrounding the 4,000- mile long TransCanada Keystone Pipeline.  We first discussed this project a year ago on Fox News Channel, where McKirdy & Riskin’s Anthony Della Pelle provided commentary – watch the video... Read More

Final Tally for Canceled Tunnel Nearly $600 Million

by: Anthony F. Della Pelle
11 Oct 2011
Nearly $600 million was spent before New Jersey Governor Chris Christie cancelled the ARC Tunnel Project last fall.  Only $22 million was spent on actually constructing the project, with the majority of funds going to engineers and consultants.  The remainder was spent on real estate related costs like eminent domain suits and negotiating with property... Read More

Who's Going to Wipe Away Redeveloper's Tears?

by: Joseph Grather
10 Oct 2011
Not me. A designated redeveloper is crying about the misfortune of being partnered with government in Vineland.  The redeveloper went so far as to write a letter to the editor, which was published by The Daily  In the letter, the redeveloper complains how the City has not been living up to its promises regarding the “Four... Read More

Redevelopment Gone Right?

by: Joseph Grather
19 Sep 2011
  California Town Celebrates New Neighborhood The reports on a recent ribbon-cutting ceremony in Gleason Park, California of a new neighborhood built over a once drug invested waste-land.   The project involved a cooperative effort between government and private enterprise in this central California community in Stockton, and exemplifies a legitimate use of government power.... Read More

McGinley Square Residents Safe and Sound?

by: Joseph Grather
16 Sep 2011
City Converts Redevelopment Area to Rehabilitation Area, Saving Homes from Takings Due to pressure from the voting public, the Jersey City governing body last week removed the threat of eminent domain in McGinley Square by converting the area from a “redevelopment area” to a “rehabilitation area.”  The latter provides for many of the same planning benefits afforded... Read More

Mt Holly Gardens Residents Live to Fight Another Day

by: Joseph Grather
15 Sep 2011
The United States Court of Appeals for the Third Circuit has reversed a United States District Court decision in the long-running Mt Holly Gardens redevelopment cases.  As reported in the Burlington County Times, the Third Circuit remanded the case back to the District Court to analyze alternatives to eminent domain takings that allegedly had a... Read More