BLOG: Condemnation Law

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=]... 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

Appellate Division Rejects Property Owners' Due Process Claims in Redevelopment Case

by: Anthony F. Della Pelle
10 Feb 2010
A New Jersey appellate court recently rejected certain property owners’ claims that city officials violated their procedural and substantive due process rights by frustrating plaintiffs’ business ventures in connection with a local redevelopment plan and project. In Sandone v. Park, A-6346-07 (App. Div. February 2, 2010), the Appellate Division affirmed the trial court’s dismissal of the owners’ complaint challenging... Read More

New Jersey Legislature Introduces Bill to Address Loss of Business, and Resolution Proposing a Constitutional Amendment to Limit Takings

by: Anthony F. Della Pelle
9 Feb 2010
The New Jersey State Legislature introduced two proposed bills on February 4, 2010, to address compensation and “public purpose” issues.  SCR63 would amend Article VIII, Section III, paragraph 1, of the New Jersey Constitution, to remove “[t]he clearance, replanning, development or redevelopment of blighted areas” as a public purpose, while more narrowly defining a public... Read More

Trial Court Permits Redevelopment Challenge in West Windsor Despite Timeliness Objection

by: Anthony F. Della Pelle
28 Jan 2010
Mercer County Assignment Judge Linda R. Feinberg issued an opinion finding that the notice requirements in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), applied to a redevelopment study adopted by the Township of West Windsor for its Princeton Junction Redevelopment Area.  In IC/L-A Washington Road v. Twp. of West Windsor,... Read More