BLOG: Condemnation Law

Atlantic Yards Project Not Done With Objectors Despite Recent Settlement

by: Anthony F. Della Pelle
26 Apr 2010
While the Atlantic Yards project has staved off nearly all of its legal challenges, and last week entered into a settlement with lead activist Daniel Goldstein, several loose ends remain.  Goldstein recently accepted a $3 million settlement to relinquish any remaining claims and will be moving from his residence this summer.  Watch ABC News’ video... Read More

Long Branch Redevelopment Dealt Another Blow

by: Anthony F. Della Pelle
19 Apr 2010
A New Jersey appellate court dealt another setback last week to the Oceanfront Broadway redevelopment project in Long Branch.  Reversing the decision of the trial court, an appellate panel concluded that the City’s designation of the study area properties as in need of redevelopment in 1996 did not satisfy the heightened standard of the New Jersey... Read More

More about Freddy's Bar and Atlantic Yards in Brooklyn

by: Anthony F. Della Pelle
14 Apr 2010
Fox News coverage of the continuing saga of Atlantic Yards and one property owner’s fight to keep his property.  Former New Jersey Superior Court Judge Andrew Napolitano provides commentary [youtube=http://www.youtube.com/watch?v=hPVQZt5ZlGA]... Read More

Billionaires vs. Brooklyn's Best Bar: Eminent Domain Abuse & The Atlantic Yards Project

by: Anthony F. Della Pelle
14 Apr 2010
Watch this video regarding the Atlantic Yards redevelopment project in Brooklyn:[youtube=http://www.youtube.com/watch?v=Rgdp3XupCo0]... Read More

"Man Bites Dog" Eminent Domain Story as Utah Seeks to Condemn Federal Land

by: Anthony F. Della Pelle
5 Apr 2010
Utah Governor Gary Herbert recently signed legislation,  HB324, which authorizes the State of Utah to use its power of eminent domain to take federally owned lands. Herbert argues that Utah is entitled to take the land because the federal government refuses to sell certain properties which could be developed or mined for natural resources. More than sixty percent... Read More

"Bizarre" Condemnation Case Involving 40-Year Old Dune "Taking" Argued Before New Jersey Supreme Court

by: Anthony F. Della Pelle
23 Mar 2010
The New Jersey Supreme Court heard oral arguments on March 22, 2010, after a trial judge and appeals court found Avalon’s adoption of shore-protection regulations resulted in an inverse condemnation of beach property.  A 1962 Nor’easter leveled a home owned by Edward and Nancy Klummp, and Avalon constructed dunes on the property before a house... Read More

New Jersey Assembly Passes Bill Creating Receiving Zones for Development Rights Under Highlands Act

by: Anthony F. Della Pelle
19 Mar 2010
The New Jersey State Assembly has approved legislation authorizing municipalities outside of the Highlands Region to voluntarily act as receiving zones for development under the Highlands transfer of development rights (TDR) program.  Under existing law, a municipality’s plan must be endorsed under the State Planning Act to accommodate receiving zones under the program, but the bill would now... Read More

City of Elizabeth Ordered to Pay Motel Owner from Environmental Escrow

by: Anthony F. Della Pelle
3 Mar 2010
The City of Elizabeth was recently ordered by New Jersey Superior Court Judge Kathryn A. Brock to permit the release of more than $350,000 to the former owner of a motel seized under eminent domain.   The monies had been held in a  Superior Court escrow account to provide funding for environmental cleanup of the property. The City acquired the... Read More

Owners' Approvals and Improvements Upheld as Relevant in Jury Valuation

by: Anthony F. Della Pelle
26 Feb 2010
A New Jersey appellate court recently rejected an attempt by the the New Jersey School Construction Corporation’s (“NJSCC”) to reverse a trial court judge’s decision permitting the jury to consider evidence of zoning board approvals and property improvements for purposes of determining just compensation at the trial concerning the NJSCC’s condemnation of the owners’ commercial property.  The trial... Read More

Appeals Court Denies Relocation Benefits to Bloomfield Property Owner

by: Anthony F. Della Pelle
25 Feb 2010
A New Jersey appellate court affirmed the denial of relocation benefits to a former property owner (Jeanny Sung Koo) in a redevelopment area in the Township of Bloomfield after she signed a lease to relocate to a new location where an initial offer to purchase her property had been made, and negotiations ensued, but the project stalled.  The... Read More