BLOG: Condemnation Law

Bernardsville Redevelopment Project: Full Steam Ahead!

by: Anthony F. Della Pelle
21 Sep 2022
Last week, the Bernardsville Borough Council adopted a resolution approving a controversial designation of certain commercial properties on Olcott Square as an “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”).  The decision, approved by a 4-2 vote, was controversial because it rejected an... Read More

Delays in Obtaining Permits Leading to Property Foreclosure Not a Regulatory Taking

by: Joseph Grather
19 Sep 2022
Federal Court Judge Cheryl Ann Kraus was ‘riding the Circuit’ and decided a regulatory takings case while sitting in the District Court, District of New Jersey captioned James v. Vornlocker. Full opinion here 2022-8-31 Vornlocker. The case was decided on motions for summary judgment, and it appears that Plaintiff admitted most of the facts and... Read More

New York Appellate Court: Make a Strong Case When Arguing for a “Highest and Best Use!”

by: Michael Realbuto
14 Sep 2022
Earlier this year, the Supreme Court of New York, Appellate Division, reviewed a lower court’s decision that disregarded a property owner’s proposed “highest and best use” to support a valuation claim in a condemnation matter. The primary issue on appeal was whether the lower court erred in finding that the property owner failed to substantiate... Read More

Indiana Supreme Court Vacates Judgment on Due Process Grounds

by: Joseph Grather
6 Sep 2022
The Indiana Supreme Court handed a property owner a nice win before the Labor Day Weekend.  The short opinion is a quick read and available here.  The Gary Housing Authority was engaged in redevelopment for affordable housing and it “strictly followed” the statutory and administrative procedures for acquiring private property.  The notice provisions of the... Read More

Jersey City Short Term Rental Regulation Not a Regulatory Taking

by: Joseph Grather
25 Aug 2022
A week ago, the U.S. Third Circuit  Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals was not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit.  Our associate Michael Realbuto detailed the lower court’s decision – here – so I’ll get right to why the... Read More

Maryland Appellate Court: Condemnation Jury Trials are the Status Quo

by: Michael Realbuto
24 Aug 2022
Earlier this year, the Maryland Court of Special Appeals reviewed a lower court’s decision that prevented a self-represented property owner from having her valuation case heard by a jury. The primary issue on appeal was whether it was legally correct for the lower court to hold the condemnation trial without a jury. The full decision... Read More

Regulatory Taking Affirmed by Texas Court of Appeals

by: Joseph Grather
16 Aug 2022
On August 1, 2022, the Fifth District Court of Appeals in Dallas, Texas affirmed a $33 million dollar jury verdict in favor of a property owner on a regulatory taking claim! Dallas v. Trinity East Energy (2022-8-1 Trinity East Energy). In short, the City of Dallas and Trinity East had entered into a Lease Agreement... Read More

The Deed is Done: Bruce’s Beach Officially Returned to Family’s Descendants Almost a Century After Pretextual Condemnation

by: Michael Realbuto
10 Aug 2022
In November 2021, we blogged about 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. That blog can be found here. Fast forward to mid-July 2022, an oceanfront ceremony officially marked the first... Read More

Denial of SCOTUS Review: Open Door for More Takings Under Kelo?

by: Michael Realbuto
27 Jul 2022
Our blog often focuses on Court action that shapes the law surrounding the substantial power of eminent domain. However, in some instances, Court inaction may lead to detrimental consequences for property owners when faced with a governmental taking. One notable example of Court inaction that is worth discussing is the case of Eychaner v. City... Read More

How Does a Reverse Mortgage Impact Your Recovery in an Eminent Domain Case?

by: Michael Realbuto
19 Jul 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. Notwithstanding that substantial power, the government may not take property for public use without paying the property owner “just compensation.” (Emphasis added). Generally speaking, the fair market value of the property taken, plus any damages to any... Read More