BLOG: Condemnation Law

Dueling Supreme Courts to Decide Beach Replenishment Takings Issues Heard on Same Day

by: Anthony F. Della Pelle
4 Dec 2009
     The United States Supreme Court and New Jersey Supreme Court heard oral arguments on the same day this week  in cases focusing on the issue of where a beachfront property owner’s rights end, and the public’s rights begin, when the government decides to replenish beaches with public funds.      The United States Supreme Court, in Stop... Read More

New Jersey Supreme Court Considers Tenants' Rights to Notice in Redevelopment Challenge

by: Anthony F. Della Pelle
3 Dec 2009
The New Jersey Supreme Court heard oral arguments this week in a case regarding the rights of commercial tenants to notice under the provisions of New Jersey’s Local Redevelopment and Housing Law.  Iron Mountain Information Management, Inc. v. City of Newark (A-100-08).    The issue presented to the Court was framed: “When property is targeted for redevelopment pursuant to the... Read More

NY Court of Appeals Deals Blow to Property Owners In Atlantic Yards Case

by: Anthony F. Della Pelle
30 Nov 2009
     Within weeks of Pfizer abandoning the redevelopment project made infamous in Kelo v. City of New London, New York’s highest Court refused to overturn lower courts’ decisions that the area surrounding Brooklyn’s Atlantic Yards project is blighted.  Read the opinion here.  Amid calls for eminent domain reform, the project will now move forward by selling bonds to fund... Read More

NJ Supreme Court Agrees to Hear "Bizarre" Condemnation Case

by: Joseph Grather
18 Nov 2009
The New Jersey Supreme Court recently granted a petition for certification filed by the property owners who alleged unsuccessfully before the Law Division, and the Appellate Division, that the municipality was required by law to provide them access to “their property.” The case has been described by Henry Gottlieb of the New Jersey Law Journal... Read More

Kelo Update — Lessons Learned?

by: Anthony F. Della Pelle
13 Nov 2009
Read this excellent Op-Ed piece from the New York Times about the questions recently revisited as a result of the decision of Pfizer to close its New Lodon facility before “redevelopment” occurred and leaving behind vacant land which victimized Suzette Kelo and her neighbors. For another article in the New York Times on Pfizer’s departure... Read More

The Aftermath of Kelo – Pfizer Leaving New London

by: Anthony F. Della Pelle
11 Nov 2009
From the Wall Street Journal November 11, 2009, Page A20 “The Supreme Court’s 2005 decision in Kelo v. City of New London stands as one of the worst in recent years, handing local governments carte blanche to seize private property in the name of economic development. Now, four years after that decision gave Susette Kelo’s... Read More

Asbuy Park Redeveloper's Claim Against City Revived

by: Joseph Grather
11 Nov 2009
A redeveloper’s claim against the City of Asbury Park was remanded to trial by a recent New Jersey appellate court decision.  Asbury Shores, Inc. v. City of Asbury Park, Docket No. A-2158-08T1 (November 10, 2009) (unpublished). Plaintiff Asbury Shores is the designated redeveloper for the Springwood Avenue Redevelopment Area in Asbury Park.  Asbury Shores sought... Read More

Pfizer abandons site of infamous Kelo eminent domain taking | Washington Examiner

by: Anthony F. Della Pelle
9 Nov 2009
Pfizer abandons site of infamous Kelo eminent domain taking | Washington Examiner.... Read More

Tenants' Rights Scrutinized in Kearny Redevelopment Taking

by: Anthony F. Della Pelle
26 Oct 2009
A New Jersey appellate court recently analyzed the rights of a tenant who challenged a town’s right to use eminent domain to extinguish its leasehold interest in a municipal redevelopment project.  Town of Kearny v. Discount City of Old Bridge, et als, Docket No. A-6220-07T3.  In this case, two commercial tenants appealed from trial court... Read More

Atlantic Yards Arguments Made to Court of Appeals

by: Anthony F. Della Pelle
14 Oct 2009
The New York Court of Appeals is hearing arguments today about the Atlantic Yards project, where challenges to the right to condemn were filed by several owners and interest groups.  Lower courts upheld the condemning agency’s right to condemn.  If the project proceeds, it would result in the development of a large mixed use project which... Read More