BLOG: Condemnation Law

Recovery of Owner’s Attorneys’ Fees Limited in “Complicated” Inverse Condemnation Case

by: Anthony F. Della Pelle
12 Jul 2010
A New Jersey appeals court recently limited a Bergen County property owner’s ability to recover attorneys’ fees in an inverse condemnation proceeding to those fees actually and reasonably incurred in connection with the condemnation.  The plaintiff, NJ Capital Partners, LLC, filed an inverse condemnation action after the Oakland Planning Board denied its subdivision application twice. After... Read More

NY High Court Permits Taking for Columbia University Expansion

by: Anthony F. Della Pelle
27 Jun 2010
The New York Court of Appeals reversed the decision of a lower court, holding that a Columbia University expansion project could proceed, resulting in the taking of private property for use by a private university.  The court below had concluded that there was insufficient evidence to conclude that the Columbia University Educational Mixed Use Development Land... Read More

Jury Verdict in Cliffside Park Case Upheld on Appeal

by: Anthony F. Della Pelle
26 Jun 2010
Verdict not based on averaging or misconduct according to New Jersey’s Appellate Division  An opinion released by a New Jersey appellate court found that a jury properly carried out its duties in Borough of Cliffside Park v. Estate of Ignatius Catanzaro., a condemnation case involving Cliffside Park’s taking of a downtown commercial building containing a restaurant... Read More

"Powerhouse" Redevelopment Amendment Allowed for Decades Old Blight Designation

by: Joseph Grather
25 Jun 2010
The New Jersey Superior Court, Appellate Division recently published its decision affirming a trial court decision which disallowed a challenge to an  amendment to a redevelopment pan by the City of Jersey City in its Powerhouse Redevelopment Area.  Powerhouse Arts District Neighborhood Assoc. v. City Council, ___ N.J. Super. ___ (App. Div, 2010).   Along the way... Read More

"Bizarre" Condemnation Case Resolved — Family Can Seek Payment for Avalon Beach Property

by: Anthony F. Della Pelle
25 Jun 2010
New Jersey Supreme Court Permits Filing of Inverse Condemnation in 40 Year Old Dune “Taking” Case  The New Jersey Supreme Court decided earlier this week that Edward and Nancy Klumpp could pursue an inverse condemnation action decades after the Borough of Avalon constructed a dune on their property following a 1962 Nor’easter which destroyed their beachfront... Read More

Kelo Five Years Later – It Still Matters

by: Anthony F. Della Pelle
24 Jun 2010
The case that brought eminent domain into national prominence turned five yesterday.  In that five years Suzette Kelo’s house has been removed from its original location, Pfizer closed its global research and development headquarters in New London, Conn., and the area contains large swaths of vacant land, with no redevelopment to speak of.  However, as... Read More

Can NO Compensation Be Just Compensation?

by: Anthony F. Della Pelle
23 Jun 2010
VFW Denied Opportunity to Argue Eminent Domain Case to U.S. Supreme Court  This week the United States Supreme Court denied certiorari review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).  The VFW,... Read More

Supreme Court Denies Compensation to Owners in Beach Replenishment

by: Anthony F. Della Pelle
17 Jun 2010
This morning, the United States Supreme Court ruled that the state of Florida can proceed with beach replenishment projects without paying property owners who lose private beach access rights as a result.    The unanimous vote of the Court in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection rejected claims by property owners... Read More

Hiring an Eminent Domain Attorney? Consider This

by: Anthony F. Della Pelle
9 Jun 2010
Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters. The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an... Read More

Possible Inverse Condemnation Looms in Variance Denial Case

by: Joseph Grather
27 May 2010
A New Jersey appellate court recently affirmed the dismissal of a lawsuit challenging a local municipality’s denial of a variance application to build one single family residence on a 24 acre lot.  The Last Frontier, Inc. v. Blairstown Tp. Zoning Bd. of Adj., Docket A-5205-08T2 (May 24, 2010).  A variance was required because the property... Read More