BLOG: Condemnation Law
Mortgagee Not Entitled to Bona Fide Negotiations
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
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
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
Rebuilding After Sandy: Government Assistance At Odds With Private Property Rights
The following quote is attributed to President Ronald Reagan: One example of government assistance post-Hurricane Sandy was the removal of an entire house because it was allegedly in the right of way: Ortley Beach home removed Well, photographic and video evidence proved that the house was not in the right-of-way, but the State removed and... Read More
In the Wake of a Superstorm the Debate Continues – Who Should Pay for the Dunes?
The debate continues – Can government force private property owners to donate their private property for strengthening a dune system for the benefit the general public when the next superstorm hits? Not in the U. S. of A. A recent National Public Radio program discussed the topic and interviewed property owners and government officials. Governor... Read More
Morristown Council Amends Redevelopment Plan for CVS Pharmacy
The Morristown Town Council approved an amendment to the Speedwell Avenue Redevelopment Plan that would permit development of Phase 4 with a stand-alone retail pharmacy at the corner of Spring Street and Speedwell Avenue formerly occupied by an auto dealership and related uses. Indeed, the Town’s website declares the amended plan the “CVS Pharmacy Speedwell... Read More
US Supreme Court: Temporary Flooding May Constitute a "Taking"
Photo courtesy: www.agfc.com Today, the United States Supreme Court issued its unanimous decision in the case of Arkansas Game and Fish Commission v. United States (No.11-597). The Court concluded in a ruling favorable to the property owner “that recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability.” (Slip op.... Read More
Property Damaged By Sandy? Here’s What to Expect if FEMA Inspects the Property
If you have real estate that was damaged by Hurricane Sandy, and have made or plan to make a claim to FEMA for storm-related payments or benefits, you should be aware that applying for disaster-related assistance will trigger an inspection by FEMA personnel. While many affected by the storm may only have limited access to... Read More
Morris Street Redevelopment Plan Adopted
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
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
