BLOG: Condemnation Law

Owners' Counsel of America to honor Hannity & Colmes

by: Anthony F. Della Pelle
6 Jan 2009
On Tuesday, January 6, the Owners’ Counsel of America will honor Sean Hannity & Alan Colmes, of Fox News “Hannity & Colmes,”  by presenting the Crystal Eagle award in recognition of their contributions towards the protection and promotion of  private property rights and exposing eminent domain abuse.  Owners’ Counsel of America,, is a network of experienced... Read More

The Long Arm of Eminent Domain

by: Anthony F. Della Pelle
19 Dec 2008
The Long Arm of Eminent Domain Reaches into Neighboring Town By Henry Gottlieb New Jersey Law Journal December 16, 2008 “Giving a novel twist to the debate on government takings, a town in Bergen County is trying to condemn property half a mile beyond its border in a municipality next door. Cliffside Park filed... Read More

Fairview joins eminent domain battle

by: Anthony F. Della Pelle
15 Dec 2008
Cliffside Park-Fairview eminent domain battle Monday, December 15, 2008 “WHAT’S NEW: Fairview formally joined a borough businesswoman in her lawsuit against Cliffside Park. Bridget Tapkas, co-owner of a Broad Avenue car dealership in Fairview, said that Fairview’s support will provide her with more leverage against Cliffside Park, which is trying to condemn property that she... Read More

NJ Supreme Court upholds Highlands Act

by: Anthony F. Della Pelle
15 Dec 2008
The New Jersey Supreme Court recently held that an inverse condemnation did not occur in a takings case involving the application of the New Jersey Highlands Act with respect to a development tract owned by OFP, LLC in Morris County.   According to the Supreme Court, which upheld an earlier opinion by the Appellate Division of the New... Read More

Cliffside Park attempts land grab outside of borders

by: Anthony F. Della Pelle
12 Dec 2008
Condemnation push stuns owners Saturday, November 8, 2008 BY MICHAEL GARTLAND STAFF WRITER “Cliffside Park is trying to condemn a building it has been leasing from a local business owner for more than a year to store its trucks. But the land isn’t in Cliffside Park. It’s in Fairview. The property owners, Bridget Tapkas and... Read More

Hamilton Township required to honor settlement

by: Anthony F. Della Pelle
15 Aug 2008
 Court Leaves Hamilton Holding the Bill For Klockner Woods by Ryan Tracy/The Times Monday July 21, 2008, 1:13 PM “HAMILTON — The state Supreme Court will not hear Hamilton’s appeal of the Klockner Woods case, effectively enforcing a lower court ruling that the township pony up the roughly $4.5 million it owes for the 51-acre... Read More

Long Branch Owners Win on Appeal

by: Anthony F. Della Pelle
10 Aug 2008
Redevelopment Project Suffers Setback The Appellate Division of the New Jersey Superior Court reversed an earlier trial court opinion which had upheld the right of the City of Long Branch to utlilize its eminent domain powers to condemn oceanfront properties in the City’s Beachfront North Redevelopment.  The appellate court remanded the matter for another hearing in... Read More

$17.9 Million Jury Verdict Upheld on Appeal

by: Anthony F. Della Pelle
1 Jun 2008
The Appellate Division of the Superior Court recently upheld and affirmed a jury verdict of $17,900,000.00 as just compensation for the taking of a 75 acre farm in Piscataway Township for open space.  The farm, owned by the Halper family, had been the subject of a long-standing battle between the Township and the Halper family which... Read More

Redevelopment Designation in Neptune Rejected

by: Anthony F. Della Pelle
15 May 2008
The Superior Court of New Jersey recently rejected a redevelopment designation by the Borough of Neptune City.  65 Steiner Avenue, LLC v. Borough of Neptune City, MON-L-4082-85.  The area targeted by the Borough through the redevelopment processes of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”), consisted of light industrial uses, some... Read More

Harrison redevelopment project halted

by: Anthony F. Della Pelle
1 Apr 2008
Harrison redevelopment work halts on judge’s order by Maura McDermott/The Star-Ledger Monday March 31, 2008, 7:11 PM “Redevelopment work in downtown Harrison was at a standstill today after a Superior Court judge issued an order halting the project.  The work cannot resume until it is clear whether the Harrison Redevelopment Agency had the right to... Read More