BLOG: Condemnation Law

High Court Declines Hearing on Partial Taking of Cemetery

by: Joseph Grather
6 May 2013
Last week, the New Jersey Supreme Court denied a petition for certification filed by the Diocese of Camden in behalf of St Mary’s Cemetery in Bellmawr.  As reported by the Republic.com, in 2010, the New Jersey Department of Transportation acquired by exercise of eminent domain a six acre parcel owned by the church for its... Read More

Mantoloking (NJ) Contemplates Use of Eminent Domain for Dune Easements

by: Joseph Grather
25 Apr 2013
This just in – Mantoloking has decided to use eminent domain to acquire private property for the purported public use of dune replenishment. See articles from  CBS News and NJ.com.  McKirdy & Riskin’s Tony DellaPelle was interviewed and quoted in the CBS news video about the constitutional issues raised by attempting to require that oceanfront property owners... Read More

Experts’ Opinions Accepted Over Town’s Objections

by: Anthony F. Della Pelle
9 Apr 2013
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax Court accepted each party’s two witnesses as experts, one in real estate appraisal and one in environmental remediation, and admitted their reports into... Read More

Arkansas Fish and Game – Remand Briefs

by: Joseph Grather
1 Apr 2013
As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission, may constitute a taking of private property.  Therefore, the Court upheld the property owner’s inverse condemnation claim, reversed the Fifth Court’s decision... Read More

More from the Shore – Proposed Legislation Seeks to Limit Just Compensation

by: Joseph Grather
25 Mar 2013
Owners of property along the Jersey shore continue to be battered, this time by their own elected officials.  The New Jersey Senate recently introduced S-2618, which provides: “Just compensation for an easement over a portion of beachfront property condemned for the purpose of dune construction or beach replenishment shall include consideration of the increase in value... Read More

Eminent Domain Bill Clears Senate Committee, Would Update Redevelopment Procedures

by: Anthony F. Della Pelle
7 Mar 2013
Legislation that would rework some of the procedures used by local governments to their redevelopment powers cleared a State Senate committee earlier this week.  The bill, S-2447, codifies certain protections to property owners which were decided in court decisions in recent years, and also would provide a negotiation alternative to using eminent domain in local redevelopment... Read More

Hoboken North End Redevelopment Moving Forward

by: Joseph Grather
25 Feb 2013
The Hoboken Planning Board recently completed its investigation of a proposed redevelopment area dubbed the North End Redevelopment Area. A full copy of the Study Report is available on the City’s website. Photo courtesy Google maps. As noted in a recent article by Amanda Palasciano of the Hudson Reporter, the next step in the process... Read More

Mortgagee Not Entitled to Bona Fide Negotiations

by: Joseph Grather
7 Feb 2013
On February 5, 2012, the Appellate Division published its decision in a condemnation case captioned Borough of Merchantville v. Malik & Son, LLC.  The property was acquired by the municipality in connection with an earlier “in need of redevelopment” designation.  In short, the Appellate Court affirmed a trial court’s rejection of a “right to take” challenge... Read More

More on Dune Replenishment – Taking Private Property Without Just Compensation

by: Joseph Grather
5 Feb 2013
The Borough of Mantoloking is one of several beachfront municipalities that has asked owners of beach-front property to donate their private property to the municipality.  A copy of the most recent form of dedication agreement (identified as an easement) is available on the Borough’s website here.  The Borough is attempting to force property owners to... Read More

Underwater Mortgage Plan Rejected by County That First Proposed It

by: Anthony F. Della Pelle
28 Jan 2013
Citing lack of public support, the California County that first considered using eminent domain to seize control of private residential mortgage-backed securities with the intent of cutting the principal balances of negative-equity borrowers has publicly announced its decision against that course of action.  Under the original proposal, Mortgage Resolution Partners would find institutional investors willing... Read More