BLOG: Condemnation Law

Stimulus Bill Analyzed by New Jersey Future

by: Anthony F. Della Pelle
3 Feb 2011
Summary Released on Effectiveness of New Jersey Stimulus Legislation to Aid Redevelopment  A summary released by a New Jersey think tank makes suggestions on how to improve Assembly Bill 4084 which was adopted by the Legislature in 2009.  The bill, available here in its pamphlet law form, sought to improve New Jersey’s economic climate through... Read More

Mount Holly Gardens Redevelopment Challenge on Appeal

by: Anthony F. Della Pelle
24 Jan 2011
Mount Holly Gardens residents appeal federal court ruling in effort to stop redevelopment project. http://ping.fm/ba2b9 Related Articles Mt. Holly Gardens Project Survives Discrimination Claim (njcondemnationlaw.com)... Read More

Broker Denied Right to Intervene in Condemnation Case

by: Anthony F. Della Pelle
21 Jan 2011
Brokerage Fee Issue Considered “Peripheral”  A trial court’s decision to deny a real estate broker’s motion to intervene into an existing condemnation action to argue for a brokers fee was affirmed after the Appellate Division found “those issues have nothing to do with adjudicating the fair market value of the property as determined by the... Read More

Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice

by: Anthony F. Della Pelle
19 Jan 2011
Redevelopment Notice Statute Upheld as Constitutional on Appeal   Despite categorizing certain notice provisions in New Jersey’s redevelopment statute as “spotty and incomplete” based upon the 2008 decision in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), the New Jersey appellate court recently upheld the method by which planning boards must... Read More

Late Claim Allowed in Zoning Dispute

by: Anthony F. Della Pelle
17 Jan 2011
The New Jersey Supreme Court reinstated a dismissed complaint after finding that the forty-five day statute of limitations in R. 4:69-6(b)(3) should be enlarged because “‘it is manifest that the interest of justice so requires.’”  The facts were undisputed.  In May 2008 the Hopewell Township Planning Board granted preliminary site plan approval for a development... Read More

Eminent Domain Reform Legislation Fails in NJ Senate

by: Anthony F. Della Pelle
11 Jan 2011
Last week, the New Jersey Senate failed to adopt the latest version of Senate Bill 1451 after the bill’s sponsor requested the bill be pulled with support from only 13 senators.  The bill would redefine the term “blight” based on the New Jersey Supreme Court’s 2007 opinion in Gallenthin Realty Development Inc. v. Paulsboro, 191 N.J.... Read More

ARC Tunnel Costs Continue to Mount

by: Anthony F. Della Pelle
10 Jan 2011
Report: ARC Tunnel costs already spiralled before project cancellation. http://ping.fm/Q0CWc... Read More

New transportation plan unveiled

by: Anthony F. Della Pelle
7 Jan 2011
Governor Christie unveils 5 year transportation plan: http://ping.fm/3e6fb... Read More

Mt. Holly Gardens Project Survives Discrimination Claim

by: Anthony F. Della Pelle
5 Jan 2011
Federal Court Finds No Disparate Impact on Low Income Property Owners Replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project does not constitute disparate treatment if all its residents, not just minorities, cannot afford to stay according to U.S. District Judge Noel Hillman.  In an opinion released on... Read More

Mobile Home Rent Control Ordinance Upheld by California Federal Appeals Court

by: Anthony F. Della Pelle
28 Dec 2010
The 9th Circuit Court of Appeals, in an en banc decision, reversed its earlier three judge panel decision which granted summary judgment for plaintiff’s claim that a rent control ordinance was a taking without just compensation.  Plaintiffs, collectively the Guggenheims, own a mobile home park in Goleta, California which they purchased in 1997.  The park... Read More