BLOG: Condemnation Law

Spring Lake Mayor Vows to Veto Anti-Eminent Domain Ordinance

by: Anthony F. Della Pelle
31 Oct 2010
 The Mayor of Spring Lake Heights plans to veto two ordinances adopted by the Borough Council because she claims they were unnecessary as there are no blighted areas in the Borough, and there was no reason to spend money publishing laws that were not needed.  The ordinances would prohibit pay-to-play for redevelopment projects, and the... Read More

Governor Christie Kills ARC Tunnel Project, Again

by: Anthony F. Della Pelle
27 Oct 2010
New Jersey Governor Chris Christie has announced that the trans-Hudson ARC Tunnel project will remain canceled, after agreeing to take another look at its fiscal impact upon urging from federal transportation officials.  The project would have added a second commuter rail tunnel and line between the Frank Lautenberg rail station in Secaucus and a new... Read More

Bloomfield Redevelopment Finally Moves Forward Following Township Council Vote

by: Anthony F. Della Pelle
24 Oct 2010
 Bloomfield’s Township Council  approved an “area in need of redevelopment”  designation which will permit the Township to move forward with redevelopment in the downtown area assuming the designation is not challenged in the courts.  Potential plans to redevelop the area have described it as a transit hub with a mix of retail and residential uses. ... Read More

Another New Jersey Town Seeks to Limit Eminent Domain by Ordinance

by: Anthony F. Della Pelle
17 Oct 2010
 A Spring Lake Heights  councilwoman has introduced two ordinances which would have an impact on redevelopment projects and eminent domain in that Monmouth County Borough.  One ordinance would prohibit pay-to-play  for redevelopment projects, while the second would prohibit the use of eminent domain when private property is being used for the purpose of privately funded economic development. ... Read More

ARC Tunnel: Back From the Dead?

by: Anthony F. Della Pelle
11 Oct 2010
Hours after Governor Chris Christie‘s announcement that the trans-Hudson ARC Tunnel project was dead, federal transportation officials traveled to Trenton to urge the Governor to reconsider, and to give some thought to alternatives that would keep the project alive.  Last Thursday, Governor Christie killed the nation’s largest public works project based upon the unanimous recommendation... Read More

National Media Highlights Lack of Oversight and Failure of Redevelopment Projects

by: Anthony F. Della Pelle
8 Oct 2010
A recent article in the LA Times  highlights how redevelopment agencies in California have operated with little or no oversight for years and, as a result, redevelopment projects are stalled or failing.  The article is endemic of eminent domain abuse that has occurred across the country as highlighted in the following: St. Louis Business Journal: Hadley developers are no-show... Read More

Trans Hudson Tunnel Project Canceled By Governor Christie

by: Anthony F. Della Pelle
7 Oct 2010
New Jersey Governor Chris Christie today canceled the multi-billion dollar “ARC” Hudson River commuter train tunnel — America’s largest public works project.  This action follows a moratorium which had been imposed on the project to study its fiscal impact. Governor Christie stated that the tunnel project costs “far more than New Jersey taxpayers can afford and the... Read More

Neptune Redevelopment Challenge Dismissed

by: Anthony F. Della Pelle
7 Oct 2010
A New Jersey appellate court has affirmed a trial judge’s dismissal of a citizen’s challenge to the Township of Neptune‘s designation of five acres as an “area in need of redevelopment “under the Local Redevelopment and Housing Law (“LRHL”).  The court also dismissed the objector’s challenge to the township’s subsequent adoption of a redevelopment plan.  The court held that... Read More

New Jersey Road, Rail Projects Suspended

by: Anthony F. Della Pelle
6 Oct 2010
The New Jersey Department of Transportation has suspended approximately 100 state-funded road and rail projects in their early stages while the State contemplates how it will finance needed infrastructure improvements in the future.  This announcement follows yesterday’s resumption of work resumed on many transportation projects that NJDOT Commissioner James Simpson had ordered stopped last Friday.  According to Simpson, the original stoppage was due... Read More

NJ Supreme Court Rules That Replenished Beach Area is Public Property

by: Anthony F. Della Pelle
22 Sep 2010
Long Branch Property Owners Denied Compensation for Beach Expansion The New Jersey Supreme Court ruled yesterday that beachfront land created by government replenishment projects is public property, and does not become part of the private property owned by adjacent property owners. This ruling was made in an eminent domain case involving beachfront property in what... Read More