BLOG: Condemnation Law

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

Federal Agency Releases New Appraisal Guidelines for Financial Institutions

by: Anthony F. Della Pelle
23 Dec 2010
 Financial institutions have new guidelines to follow when conducting real estate appraisals and evaluations.  The Interagency Appraisal and Evaluation Guidelines, which replace the 1994 guidelines, explain the minimum regulatory standards for appraisals.  Highlights from the Guidelines and its appendices include:   * recognizing that a borrower’s ability to repay real estate loans according to reasonable terms... Read More

Court Refuses to Hear Columbia University Redevelopment Case

by: Joseph Grather
14 Dec 2010
The United States Supreme Court today issued its decision denying property owner Nick Sprayregen’s petition for certification. The two issues raised in the petition were:  “1) Whether it was error for the Court of Appeals of New York to disregard the principles enunciated in Kelo v. City of New London in sanctioning the use of... Read More

NY Redevelopment Challenge Petition to Be Decided by US Supreme Court

by: Joseph Grather
10 Dec 2010
Today, the U.S. Supreme Court is expected to issue its decision on whether to take property owner Nick Sprayregen’s appeal from an adverse ruling by the New York Court of Appeals.  The Court of Appeals, New York’s highest court, reversed an earlier ruling that had disallowed the taking of Mr. Sprayregan’s property in West Harlem where he... Read More

Can a foreign corporation use eminent domain on U.S. Land?

by: Anthony F. Della Pelle
29 Nov 2010
The 4,000- mile long TransCanada Keystone Pipeline begins in Northern Canada, and moves southward into the United States, through North Dakota, South Dakota, Nebraska, Kansas, Missouri and Illinois.  The network is about five times the length of the trans-Alaska oil pipeline.  When complete, the project will deliver up to 1.5M barrels a day of crude oil... Read More

NJDOT Complaints Dismissed for Failure to Engage in Bona Fide Negotiations with Property Owners

by: Anthony F. Della Pelle
24 Nov 2010
The Bergen County Assignment Judge recently dismissed condemnation complaints filed by the New Jersey Department of Transportation (“DOT”) after its appraiser failed to consider the impact that the loss of access would have on business’s operating on the Route 46 Circle in Little Ferry, as well as potential flooding issues caused by the installation of... Read More

Court Denies Discovery Request for Expert’s Financial Records

by: Anthony F. Della Pelle
22 Nov 2010
A recent New Jersey appeals court has ruled that a litigation expert’s financial records are not subject to disclosure.  This holding could impact eminent domain and real estate tax appeal litigation because both practices rely on expert opinions to establish a property’s value.  In the case in question, a plaintiff’s attorney in a personal injury case requested information from... Read More

Edward McKirdy named Eminent Domain Lawyer of the Year

by: Anthony F. Della Pelle
15 Nov 2010
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named McKirdy & Riskin’s Edward D. McKirdy as the “Newark Area Best Lawyers Eminent Domain and Condemnation Lawyer of the Year” for 2011. After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year”... Read More

Spring Lake Council Enacts Anti-Eminent Domain Ordinance by Overturning Mayor’s Vetoes

by: Anthony F. Della Pelle
10 Nov 2010
 The Spring Lake Heights Council voted 5-1 to overturn the Mayor’s vetoes on two ordinances previously adopted by the Borough Council.  The ordinances will prohibit pay-to-play for redevelopment projects, and the use of eminent domain when private property is being used for the purpose of privately funded economic development.  The ordinances were supported by residents... Read More