BLOG: Condemnation Law

N.J. District Court: Jersey City’s Limit on Short-Term Rentals is Constitutional Under the Takings Clause

by: Michael Realbuto
7 Mar 2022
Home sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties. Using these platforms, individuals may lease or sublease their properties for a short-term period of days, weeks, or months at a time. In 2015, Jersey City passed an ordinance affirmatively permitting... Read More

SCOTUS Declines to Hear Dakota Access Pipeline Case

by: Michael Realbuto
1 Mar 2022
  Image courtesy of researchgate.net With over 7,000 requests for review per year, the Supreme Court of the United States has its hands full and hears only about 100-150 cases in a given year. One case that recently did not make the cut was an appeal submitted by the operator of the Dakota Access Pipeline... Read More

Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado

by: Michael Realbuto
19 Jan 2022
We often think of eminent domain as the inherent power of the government to take private land for a public purpose. But what about when one sovereign entity intends to take land from another? Let’s look at a recent interstate taking story from the Nebraska-Colorado border, where Nebraska Governor Pete Ricketts plans to use Nebraska’s... Read More

How Can A Taking By Eminent Domain Affect Your Taxes?

by: Michael Realbuto
5 Jan 2022
Having your property taken from you against your will can be difficult by itself, but losing your property and paying additional taxes after the property is taken is a harsh reality that many property owners face when confronted with eminent domain. In a prior blog post, we explained that the government has the inherent right... Read More

East Orange Resident Faces an Uphill Battle After a Surprise Tax Foreclosure

by: Michael Realbuto
16 Dec 2021
Buying, owning, and securing property can be one of the most monumental and emotionally taxing periods in a person’s life. As John Adams once noted, “[p]roperty must be secured, or liberty cannot exist.” Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851). These principles are woven throughout the story of... Read More

Penn. High Court: Eminent Domain Power Not Required For Liability in Inverse Condemnation Action

by: Michael Realbuto
15 Dec 2021
In late November 2021, the Pennsylvania Supreme Court addressed a rather interesting question regarding inverse condemnation liability in Hughes v. UGI Storage Co., et al., No. J-69A-2021 (Nov. 29, 2021). There, the Court sought out to answer whether, to be held liable for damages under Pennsylvania’s inverse condemnation statute, an entity must be clothed with... Read More

What Is The Difference Between “Eminent Domain” & “Condemnation?”

by: Michael Realbuto
14 Dec 2021
While the terms “eminent domain” and “condemnation” are often used interchangeably, their true meanings may come as a surprise to most. Eminent Domain Vs. Condemnation   Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme Court has noted that the right of... Read More

What Can NJ Property Owners Expect from President Biden’s $1.2 Trillion Infrastructure Bill?

by: Michael Realbuto
29 Nov 2021
On November 15, 2021, President Joe Biden signed a $1.2 trillion federal infrastructure bill (the “Infrastructure Investment and Jobs Act”) that provides New Jersey with an estimated $12.3 billion in funding over the next five years to revitalize the state’s dilapidated roads, railways, bridges, and tunnels. While widespread infrastructure repair is long overdue in New... Read More

Making Amends: California Decides to Return Bruce’s Beach Almost a Century After the Pretextual Condemnation

by: Michael Realbuto
18 Nov 2021
In late September 2021, California’s Gov. 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. The property, widely known as Bruce’s Beach, was originally bought by Willa and Charles Bruce in 1912 and quickly became a thriving retreat... Read More

Gym Owner Loses Challenge to COVID Shutdown Order

by: Anthony F. Della Pelle
26 Oct 2021
A New Jersey kickboxing business owner was recently denied compensation for the closure and limitations placed on its business under COVID-19 “shutdown” orders signed by Governor Phil Murphy.  The business, JWC Fitness, LLC, based in Franklin, New Jersey, shut its doors in March 2020 in compliance with Murphy’s Executive Order 104, thereby closing its business... Read More