BLOG: Condemnation Law

Greetings from Asbury Park! Courts Deny Property Owners' Request for Takings

by: Joseph Grather
27 Mar 2012
Photo courtesy of On March 26, 2012, the Appellate Division wrote another chapter in Asbury Park’s redevelopment book, where the final and unwritten chapter conjures images of the City’s ‘glory days’ pictured above. City of Asbury Park v. Springwood Lake, LLC.  Without recounting the entire Asbury Park redevelopment history, the short course in this case... Read More

Property Owners’ Prayers Answered by Supreme Court in Sackett Case

by: Joseph Grather
26 Mar 2012
Property owners Michael and Chantell Sackett of Priest Lake, Idaho fought the law, and surprisingly, they won.  On March 21, 2012, the Supreme Court of the United States – in a unanimous decision – sided with the property owners in determining that the property owners had the right to challenge an Environmental Protection Agency (EPA)... Read More

New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain

by: Anthony F. Della Pelle
12 Mar 2012
Today’s Daily Record featured this article by reporter Cara Townsend which highlighted Todd Kuehm, a fourth generation New Jersey farmer, and his fight against the Township of Montville’s use of eminent domain on his 28 acre farm. The article covers the history of the litigation from the Township adopting ordinances which denied him the ability to install a... Read More

House Passes Anti-Kelo Eminent Domain Bill

by: Anthony F. Della Pelle
1 Mar 2012
The United States House of Representatives this week passed bipartisan legislation that proposes to withhold for two years all federal development funding to states or local governments that take private property for economic development.  The bill, labeled the Private Property Rights Protection Act (H.R. 1443), also bars the federal government from using eminent domain for... Read More

Thomas Edison Battery Building Moving Towards Redevelopment

by: Joseph Grather
27 Feb 2012
The Thomas Edison Battery Building in downtown West Orange is moving closer to being redeveloped.  According to Karen Yi of the West Orange Patch, the Council passed two ordinances on first reading and a resolution authorizing issuance of bonds to pay for the municipality’s share of the development costs. Some residents voiced concerned about the... Read More

Eminent Domain Abuse Sign is Protected Speech

by: Anthony F. Della Pelle
24 Feb 2012
The United States Supreme Court declined to review a lower court’s decision which held that part of an ordinance adopted by St. Louis, Missouri, to force the removal of a sign protesting eminent domain violated the property owner’s First Amendment right to free speech.  In 2007, the property owner commissioned a 360-square-foot mural which proclaimed... Read More

DuPont to Redevelop Pompton Lakes?

by: Joseph Grather
21 Feb 2012
As reported in, Pompton Lakes leadership is contemplating whether to demolish every single building in the central business district fronting on Wanaque Avenue.  The concept would be to build multi-story buildings with 400 units above street-level retail uses.  However, it appears that the plan is contingent upon DuPont coming to the table and cleaning... Read More

Buonocore Named Eminent Domain Lawyer of the Year

by: Anthony F. Della Pelle
15 Feb 2012
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named McKirdy & Riskin’s John H. Buonocore, Jr. as the “Newark Area Best Lawyers Eminent Domain and Condemnation Lawyer of the Year” for 2012. Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer... Read More

Appellate Division Gives Train Case One-way Ticket Back to ALJ with Remand

by: Anthony F. Della Pelle
13 Feb 2012
Norfolk Southern Railway Company petitioned the New Jersey Department of Transportation for authorization to acquire the neighboring property owned by Intermodal Properties, LLC, by eminent domain after the property owner refused an arms-length sale.  Railroads, as a public utility, can receive authorization under N.J.S.A. 48:12-35.1 once they show that the land is needed for a... Read More

More on Fort Lee Redevelopment

by: Joseph Grather
12 Feb 2012
As recently blogged here, Fort Lee recently revisited the former Helmsley property in the Borough as one of its redevelopment areas. The newest group of redevelopers slated to tackle an allegedly blighted area are confident that they can succeed where others have failed. reports that Bergen County developer James Demetrakis, Esq. has teamed up with... Read More