BLOG: Condemnation Law

“A Word of Many, Too Many Meanings….” Supreme Court Opinion Alert

by: Joseph Grather
29 Mar 2023
“Jurisdiction, this Court has observed, is a word of many, too many, meanings.” Wilkins v United States (Slip op. March 28, 2023). Well, whatever the word means, the 12-year limitations period contained in the Quiet Title Act (28 U.S.C. Sec. 2409a) is not a bar to a federal Court’s jurisdiction. Wilkins and neighbor Stanton live... Read More

N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge

by: Michael Realbuto
21 Mar 2023
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More

Great 8, Number 8: Pennsylvania Coal v. Mahon

by: Joseph Grather
17 Mar 2023
For the final case in my “Great 8”, who else but Holmes? Before we get there, a quick caveat on “great cases” (from Holmes): “Great cases like hard cases make bad law.  For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of... Read More

It’s the Same Old Song, This Time in North Carolina

by: Anthony F. Della Pelle
16 Mar 2023
“Now it’s the same old song, But with a different meaning since you been gone” Those lyrics have stood the test of time, as has the use of eminent domain power for purposes that probably were not contemplated by our founding fathers when they created the Bill of Rights to the United States Constitution and... Read More

NJ Supreme Court – Malanga v West Orange – Redevelopment Criteria “d” Interpreted

by: Joseph Grather
15 Mar 2023
Hot off the presses, Chief Justice Rabner issued the Court’s unanimous opinion on Monday reversing a “blight” designation by the Township of West Orange. The full opinion is here. While we are still digesting the opinion, I believe its the first substantive interpretation of criterion “d” by our Supreme Court since Wilson v. City of... Read More

Great 8, Numbers 6 & 7: Cat in the Hat & Suydam

by: Joseph Grather
3 Mar 2023
Two for one Friday, or the Daily-Double! There was a raging debate twenty years ago (tempus fugit!) about what happens when government acquires allegedly contaminated property for public use.  Parties clashed over whether property seized by eminent domain should be valued considering the impact of the alleged contamination upon the value, or whether the contamination... Read More

Eminent Domain and Professional Sports Worlds Collide Again

by: Anthony F. Della Pelle
27 Feb 2023
The SoCal city of Inglewood is back in the news, as it appears likely that it will be seizing private properties again in connection with its new sports and entertainment district which includes a $2 billion basketball arena that will become home to the LA Clippers professional basketball team.  In early 2021, Inglewood first authorized... Read More

LA County Agrees to Pay $20 Million for Bruce’s Beach

by: Michael Realbuto
21 Feb 2023
In November 2021 and August 2022, we covered a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. Those blogs can be found here and here. In mid-July 2022, an oceanfront ceremony officially marked... Read More

Great Eight, No. 5 – Nollan v. California Coastal Commission (US)

by: Joseph Grather
15 Feb 2023
1987. My penultimate year in high school and the year the United States Supreme Court decided Nollan v. California Coastal Commission.  483 U.S. 825. Justice Scalia’s opinion is worthy of a full read, especially the continued – and almost comical – retorts to Justice Brennan’s dissenting opinion. The issue is on appeal is immediately established: ... Read More

Great 8, Number 4: Wilson – Municipal Redevelopment Sustained

by: Joseph Grather
31 Jan 2023
The above image apparently depicts a downtown urban blighted area in Connecticut.  (But, today’s post will not be about the famous Little Pink House in Connecticut). This post is about the judicial progenitor of redevelopment in New Jersey, Wilson v City of Long Branch (1957) (Francis, Assoc. Justice).  The case was the first to challenge... Read More