BLOG: Condemnation Law

Don't Bank On It!

by: Anthony F. Della Pelle
6 Sep 2011
Mortgage Lender’s Rights in Eminent Domain Cases May Outweigh Owner’s  Property owners in eminent domain cases rarely own the condemned property outright, without any mortgages or other liens.  Typically, the property owner took out a loan from a bank to purchase the property, and the bank obtained an interest in the property in the form of... Read More

Morristown's Speedwell Redevelopment Moving Forward (Slowly)

by: Joseph Grather
1 Sep 2011
Earlier this month, the Town of Morristown introduced – and adopted – another amended redevelopment plan.  The public will have an opportunity to comment on the amended plan on September 15, 2011 as reported by the Daily Record. A more detailed account of the redevelopment project may be found in this Morristown Patch article. Having grown up in Morristown,... Read More

Highlands Act Withstands Another Round of Legal Attacks

by: Anthony F. Della Pelle
26 Aug 2011
New Jersey appellate courts, in a series of published and unpublished opinions, recently addressed a variety of issues raised by the adoption of the Highlands Regional Master Plan (RMP) as required by the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35.  The Council, on July 17, 2008, adopted the RMP... Read More

Jersey City McGinley Square Redevelopment – Citizen Asks: Et Tu Brutus?

by: Joseph Grather
26 Aug 2011
Following on the footsteps of last week’s removal of the McGinley Square Redevelopment Plan from the Jersey City Council’s agenda, is this impassioned letter to the editor reported by the Jersey City Independent.  Even though the plan was removed from the Council’s agenda, this citizen asks that eminent domain be removed from any version of... Read More

Constitution "Alive and Well" in Virginia

by: Joseph Grather
25 Aug 2011
The Virginia DOT will be forced to pay for what it took from farmer Ed Jennings.  In a rare “inverse condemnation” (where a property owner sues government to compensate for a taking), the judge found that run-off from a bridge over the property owner’s land, and mounds of construction debris deposited on the land were... Read More

Jersey City: About Face!

by: Anthony F. Della Pelle
12 Aug 2011
Jersey City Hears McGinley Square Residents’ Eminent Domain Complaints – Withdraws Redevelopment Plan from Agenda Less than 24 hours after the Jersey City Planning Board recommended that a redevelopment area be designated that would authorize the use of eminent domain, a proposed resolution and ordinance to accept the Planning Board’s recommendation and approve a redevelopment plan... Read More

Electricity Shocks Property Owners, But Not The Court

by: Joseph Grather
11 Aug 2011
Shock Treatment Insufficient to Constitute Inverse Condemnation Yesterday, a New Jersey appellate court affirmed a jury verdict awarding $195,000 in “nuisance” damages to a Brick Township couple, but refused to reverse the trial court’s finding that an electric utility company’s stray “neutral to earth” voltage running rampant through their backyard was insufficient to amount to taking. Smith v. Jersey Central... Read More

Redevelopment Beginning at Former NL Industries Site

by: Joseph Grather
8 Aug 2011
The 427 acre industrial site in Sayreville formerly owned by chemical manufacturer NL Industries – seen by millions every summer as they cross the Driscoll Bridge on their way down the shore – is finally being “redeveloped.”  As pointed out in this article, dredged spoils are being imported to fill the site as part of... Read More

Watch Out, Olympia!

by: Joseph Grather
3 Aug 2011
From news across the nation, comes this article from Olympia, Washington.  “Call it Blighted and Get it Help.”  Help is clearly in the eyes of the beholder. The “blight” designation may ultimately help “redevelop” Olympia’s downtown, but take it from this New Jersey attorney, it’s not good for property owners in the downtown area.  The blight... Read More

Expert’s “Gut Feeling” on Costs Survives Dismissal Claim

by: Anthony F. Della Pelle
11 Jul 2011
An expert witness’s “gut feeling” about the cost of a plaintiff’s construction claim was sufficient to withstand a motion to dismiss according to a recent New Jersey Appellate Division opinion.  The holding in Nevins v. Toll Brothers, Inc., has the potential to affect similar motions in real estate valuation litigation such as eminent domain and real estate... Read More