BLOG: Condemnation Law

Asbury Park Asks Judge to Cancel Redevelopment Contract

by: Anthony F. Della Pelle
23 Feb 2011
 Asbury Park has filed legal papers seeking to cancel its contract with the redeveloper for its waterfront redevelopment project.  The two parties appeared in court last week to plead their cases.  Asbury Partners claims the matter must go to arbitration under the terms of the agreement, but the City claims that Asbury Partners inability to redevelop... Read More

New Jersey Back on Board with New “Gateway Tunnel” Project?

by: Anthony F. Della Pelle
13 Feb 2011
Amtrak announced it will spend $50 million to study a new Hudson River tunnel project expected to cost $13.5 billion.  The two-tunnel “Gateway” project was fast-tracked after New Jersey Gov. Chris Christie canceled a similar rail project last fall.  New Jersey’s two United States Senators attended the announcement, and Governor Christie was thrilled that New... Read More

Taking from the Takers? California Budget Would Eliminate Redevelopment Agencies

by: Anthony F. Della Pelle
8 Feb 2011
California’s governor Jerry Brown is proposing to eliminate the over 400 redevelopment agencies that currently exist in California to redirect part of the revenues to other state and local services.  The move has brought praise from property rights advocates, but protests from redevelopers and municipalities relying on funding and services that redevelopment agencies provide.  The... Read More

Forecast for Central Jersey Redevelopment Projects Balmy

by: Joseph Grather
7 Feb 2011
Redevelopers feel that the time is still not right to re-start several stalled redevelopment projects in Central New Jersey. Yet, local politicians who made such projects possible through the redevelopment designation process see these projects as ways to create jobs and tax revenue during the economic down turn, which would spur the local economy. Somerville... Read More

Eminent Domain Moves from Front Page to Big Screen

by: Anthony F. Della Pelle
6 Feb 2011
The use and abuse of eminent domain has grabbed headlines across the country after the United States Supreme Court released its 2005 opinion in Kelo v. City of New London.  Now eminent domain is taking over the big screen, with two movies focusing on the impacts that eminent domain can have upon a neighborhood and... Read More

Stimulus Bill Analyzed by New Jersey Future

by: Anthony F. Della Pelle
3 Feb 2011
Summary Released on Effectiveness of New Jersey Stimulus Legislation to Aid Redevelopment  A summary released by a New Jersey think tank makes suggestions on how to improve Assembly Bill 4084 which was adopted by the Legislature in 2009.  The bill, available here in its pamphlet law form, sought to improve New Jersey’s economic climate through... Read More

Mount Holly Gardens Redevelopment Challenge on Appeal

by: Anthony F. Della Pelle
24 Jan 2011
Mount Holly Gardens residents appeal federal court ruling in effort to stop redevelopment project. http://ping.fm/ba2b9 Related Articles Mt. Holly Gardens Project Survives Discrimination Claim (njcondemnationlaw.com)... Read More

Broker Denied Right to Intervene in Condemnation Case

by: Anthony F. Della Pelle
21 Jan 2011
Brokerage Fee Issue Considered “Peripheral”  A trial court’s decision to deny a real estate broker’s motion to intervene into an existing condemnation action to argue for a brokers fee was affirmed after the Appellate Division found “those issues have nothing to do with adjudicating the fair market value of the property as determined by the... Read More

Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice

by: Anthony F. Della Pelle
19 Jan 2011
Redevelopment Notice Statute Upheld as Constitutional on Appeal   Despite categorizing certain notice provisions in New Jersey’s redevelopment statute as “spotty and incomplete” based upon the 2008 decision in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), the New Jersey appellate court recently upheld the method by which planning boards must... Read More

Late Claim Allowed in Zoning Dispute

by: Anthony F. Della Pelle
17 Jan 2011
The New Jersey Supreme Court reinstated a dismissed complaint after finding that the forty-five day statute of limitations in R. 4:69-6(b)(3) should be enlarged because “‘it is manifest that the interest of justice so requires.’”  The facts were undisputed.  In May 2008 the Hopewell Township Planning Board granted preliminary site plan approval for a development... Read More