BLOG: Condemnation Law

Neptune Redevelopment Challenge Dismissed

by: Anthony F. Della Pelle
7 Oct 2010
A New Jersey appellate court has affirmed a trial judge’s dismissal of a citizen’s challenge to the Township of Neptune‘s designation of five acres as an “area in need of redevelopment “under the Local Redevelopment and Housing Law (“LRHL”).  The court also dismissed the objector’s challenge to the township’s subsequent adoption of a redevelopment plan.  The court held that... Read More

New Jersey Road, Rail Projects Suspended

by: Anthony F. Della Pelle
6 Oct 2010
The New Jersey Department of Transportation has suspended approximately 100 state-funded road and rail projects in their early stages while the State contemplates how it will finance needed infrastructure improvements in the future.  This announcement follows yesterday’s resumption of work resumed on many transportation projects that NJDOT Commissioner James Simpson had ordered stopped last Friday.  According to Simpson, the original stoppage was due... Read More

NJ Supreme Court Rules That Replenished Beach Area is Public Property

by: Anthony F. Della Pelle
22 Sep 2010
Long Branch Property Owners Denied Compensation for Beach Expansion The New Jersey Supreme Court ruled yesterday that beachfront land created by government replenishment projects is public property, and does not become part of the private property owned by adjacent property owners. This ruling was made in an eminent domain case involving beachfront property in what... Read More

$6.5 Million Recovered to Clean Up School Site Acquired by Eminent Domain

by: Anthony F. Della Pelle
21 Sep 2010
The New Jersey Schools Development Authority has obtained $6.5 million dollars from three former owners of a 14 acre property in Camden to pay for the cleanup of environmental contamination of the property, which is adjacent to a Camden Elementary School.   The property is the site of the old Stockton Station apartment complex and will... Read More

Appraisal Reports Must Be Produced

by: Anthony F. Della Pelle
16 Sep 2010
 The Appellate Division of the New Jersey Superior Court has released a published opinion in Tractenberg v. Twp. of West Orange, ___ N.J. Super. ___ (App. Div. 2010), which required the Township of West Orange  to release an unredacted copy of an appraisal report prepared for the Township’s Council following an OPRA request by the... Read More

Taking of Gallenthin Property Approved

by: Anthony F. Della Pelle
12 Sep 2010
A Superior Court judge held last week that the Gloucester County Improvement Authority properly exercised its power of eminent domain and may proceed with the taking of a portion of the Paulsboro property owned by members of the Gallenthin family — the same family that was  successful in stopping a previous effort to take their... Read More

Old Bridge Adopts Ordinance Restricting Eminent Domain

by: Anthony F. Della Pelle
8 Sep 2010
Old Bridge Councilman-at-Large Brian Cahill and local resident Tony Piscetti successfully convinced the Old Bridge Township Council to adopt an ordinance prohibiting the use of eminent domain for tax revenue purposes that was previously discussed on this blog.  Following discussions on the ordinance at a June Council meeting, both Republicans and Democrats voted in favor... Read More

Newark Trucking Facility Not Blighted

by: Anthony F. Della Pelle
27 Aug 2010
A Newark property owner, CD Development, LLC, challenged a 2005 blight designation which led to its property being designated as an area in need of redevelopment.  The five acre property is used as an active trucking facility.  Newark’s planning expert concluded the property satisfied the Local Redevelopment and Housing Law (LRHL) criteria in N.J.S.A. 40A:12A-5(e), the... Read More

Asbury Park Property Owner Wins Opportunity to Seek Amendment to Redevelopment Plan

by: Anthony F. Della Pelle
25 Aug 2010
The Appellate Division of the New Jersey Superior Court has reversed a trial judge’s decision that property within a redevelopment area in Asbury Park was “unzoned” because it was exempted from eminent domain as part of a redevelopment plan.  The subject property, formerly owned by the Salvation Army, was exempted from eminent domain under the... Read More

United States Supreme Court Declines to Hear New Jersey Highlands Act Case

by: Anthony F. Della Pelle
11 Aug 2010
 The United States Supreme Court has declined to hear arguments in a case challenging the New Jersey Highlands Act filed by several families who own farmland in Warren, Hunterdon and Morris counties.  The property owners argued that their properties were devalued by the Act because the legislation made it impossible for those properties to be sold... Read More