BLOG: Condemnation Law

State takes keys to Pearl Restaurant in Somers Point – : Latest News

by: Anthony F. Della Pelle
12 Jan 2010
State takes keys to Pearl Restaurant in Somers Point – : Latest News Posted using ShareThis... Read More

Discounted Jury Verdict Upheld on Appeal

by: Anthony F. Della Pelle
5 Jan 2010
A New Jersey appellate court recently rejected a property owner’s claim that it was deprived of just compensation because the jury verdict reflected a discount for the cost of environmental remediation on its property.  New Jersey Schools Construction Corporation v. Warminster Investments Corporation, et als., Docket No. A-5319-07T15319-07T1.  Warminster, the property owner, argued that the jury... Read More

Camden Property Owners Succeed in Having Properties Removed from Redevelopment Area

by: Anthony F. Della Pelle
2 Jan 2010
 The Camden City Council amended its Lanning Square Redevelopment Plan during a special meeting on December 29, 2009, to remove two blocks from the property acquisition list.  The amendments were part of a settlement agreement with two of the parties involved in litigation that began in 2008 after the redevelopment plan was announced.  The Camden... Read More

Long Branch to Protect Owners from Eminent Domain

by: Anthony F. Della Pelle
30 Dec 2009
       Following a settlement agreement that permitted homeowners in the MTOTSA section of Long Branch to remain in their homes (read about it here), the Long Branch City Council is expected to revise the area’s zoning laws to grandfather the use of the remaining homes under the previous code while requiring new construction to... Read More

Dueling Supreme Courts to Decide Beach Replenishment Takings Issues Heard on Same Day

by: Anthony F. Della Pelle
4 Dec 2009
     The United States Supreme Court and New Jersey Supreme Court heard oral arguments on the same day this week  in cases focusing on the issue of where a beachfront property owner’s rights end, and the public’s rights begin, when the government decides to replenish beaches with public funds.      The United States Supreme Court, in Stop... Read More

New Jersey Supreme Court Considers Tenants' Rights to Notice in Redevelopment Challenge

by: Anthony F. Della Pelle
3 Dec 2009
The New Jersey Supreme Court heard oral arguments this week in a case regarding the rights of commercial tenants to notice under the provisions of New Jersey’s Local Redevelopment and Housing Law.  Iron Mountain Information Management, Inc. v. City of Newark (A-100-08).    The issue presented to the Court was framed: “When property is targeted for redevelopment pursuant to the... Read More

NY Court of Appeals Deals Blow to Property Owners In Atlantic Yards Case

by: Anthony F. Della Pelle
30 Nov 2009
     Within weeks of Pfizer abandoning the redevelopment project made infamous in Kelo v. City of New London, New York’s highest Court refused to overturn lower courts’ decisions that the area surrounding Brooklyn’s Atlantic Yards project is blighted.  Read the opinion here.  Amid calls for eminent domain reform, the project will now move forward by selling bonds to fund... Read More

NJ Supreme Court Agrees to Hear "Bizarre" Condemnation Case

by: Joseph Grather
18 Nov 2009
The New Jersey Supreme Court recently granted a petition for certification filed by the property owners who alleged unsuccessfully before the Law Division, and the Appellate Division, that the municipality was required by law to provide them access to “their property.” The case has been described by Henry Gottlieb of the New Jersey Law Journal... Read More

Kelo Update — Lessons Learned?

by: Anthony F. Della Pelle
13 Nov 2009
Read this excellent Op-Ed piece from the New York Times about the questions recently revisited as a result of the decision of Pfizer to close its New Lodon facility before “redevelopment” occurred and leaving behind vacant land which victimized Suzette Kelo and her neighbors. For another article in the New York Times on Pfizer’s departure... Read More

The Aftermath of Kelo – Pfizer Leaving New London

by: Anthony F. Della Pelle
11 Nov 2009
From the Wall Street Journal November 11, 2009, Page A20 “The Supreme Court’s 2005 decision in Kelo v. City of New London stands as one of the worst in recent years, handing local governments carte blanche to seize private property in the name of economic development. Now, four years after that decision gave Susette Kelo’s... Read More