BLOG: Condemnation Law

Business Losses Are Compensable in Temporary Takings Cases

by: Anthony F. Della Pelle
28 Aug 2009
A New Jersey appeals court has held that a temporary taking of a commercial property for public infrastructure repair requires compensation for resulting business losses.  In a July 27, 2009 opinion, the appellate court upheld a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of... Read More

Solberg Airport Taking Remanded

by: Joseph Grather
21 Aug 2009
A New Jersey appeals court has remanded a challenge to a municipal effort  to condemn a local airport.  Township of Readington v. Solberg Aviation Co., involved the acquisition of a portion (in excess of 600 acres) of the owner Solberg’s private airport property in Readington Township, allegedly for open space preservation.  The Solberg Airport property... Read More

Legislature Approves Open Space Acquisition Funding

by: Anthony F. Della Pelle
6 Jul 2009
Both houses of the New Jersey State Legislature have approved a $400 million bond to fund the acquisition of open space, public recreation and conservation lands.  The bill, entitled the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009,”, A-3901/S-1858, had bi-partisan support in the legislature and passed with... Read More

NJ Supreme Court: Towns Can't Require Developers to Set Aside Open Space

by: Anthony F. Della Pelle
26 Jun 2009
On June 25, 2009, the New Jersey Supreme Court unanimously upheld an appellate court ruling which declared that municipalities do not have the right to require developers to set aside land for open space or recreational facilities, or to require payments “in lieu” of such set asides, as a condition of development approvals.  N.J. Shore... Read More

New Jersey Legislators Introduce New Eminent Domain Bill

by: Anthony F. Della Pelle
16 Jun 2009
After several years of debate, New Jersey legislators have introduced a new bill, co-sponsored by former proponents of previously failed legislation, which would revise the statutory requirements for eminent domain acquisitions in New Jersey.   On June 15, 2009, two Democratic lawmakers introduced what they called a compromise bill, which they suggest is designed to allow redevelopment by... Read More

Cliffside Park Settles; Evades Ruling in Two-Town Dispute

by: Anthony F. Della Pelle
12 Jun 2009
The Cliffside Park Borough Council approved a settlement this week authorizing the purchase of commercial property located in Fairview, and privately owned by Pedigree Holdings, LLC, for $2.35 million.  The settlement ended a protracted court case in which the limits of Cliffside Park’s eminent domain powers were tested because it had attempted to take the... Read More

Neptune Proposes Eminent Domain Ban

by: Anthony F. Della Pelle
11 Jun 2009
The Neptune Township Committee introduced an ordinance this week which would restrict the township’s use of its eminent domain powers in municipal redevelopment areas.  The proposed ordinance would allow eminent domain to continue where the taking is required for “traditional” public use or public purposes, but would ban takings for redevelopment purposes where the properties... Read More

Property Owner's Challenge to Redevelopment Testing Dismissed as Moot

by: Anthony F. Della Pelle
2 Jun 2009
A New Jersey appellate court dismissed a property owner’s challenge to redevelopment activities in the Town of Kearny on the basis that the appeal was moot.  Town of Kearny v. RLR Investments, Inc., Docket No. A-3174-07T2 (read the opinion here).    The property owner, RLR Investments, owns and operates a commercial trucking terminal which is located in... Read More

Court Disapproves Averaging of Comparable Sales

by: Anthony F. Della Pelle
29 May 2009
A New Jersey appellate court recently held that a trial judge’s practice of averaging comparable sales in fixing the fair market value of real property is an improper valuation practice.  In Pansini Custom Design Assocs. v. City of Ocean City, Docket No. A-2003-07T1, the plaintiffs owned a single family residence at the Jersey shore, which was... Read More

Morris County Jury Awards $1.2 Million for Taking of Auto Body Shop

by: Anthony F. Della Pelle
13 May 2009
A Morris County jury awarded $1.2 million last week to the owners of an auto body shop on Route 46 in Dover for the taking of that property by the New Jersey Department of Transportation by eminent domain.  The civil jury rendered a unanimous verdict of $1.2 million to Peter and Maria Kavrazonis as just compensation... Read More