BLOG: Condemnation Law

Can NO Compensation Be Just Compensation?

by: Anthony F. Della Pelle
23 Jun 2010
VFW Denied Opportunity to Argue Eminent Domain Case to U.S. Supreme Court  This week the United States Supreme Court denied certiorari review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).  The VFW,... Read More

Supreme Court Denies Compensation to Owners in Beach Replenishment

by: Anthony F. Della Pelle
17 Jun 2010
This morning, the United States Supreme Court ruled that the state of Florida can proceed with beach replenishment projects without paying property owners who lose private beach access rights as a result.    The unanimous vote of the Court in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection rejected claims by property owners... Read More

Hiring an Eminent Domain Attorney? Consider This

by: Anthony F. Della Pelle
9 Jun 2010
Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters. The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an... Read More

Possible Inverse Condemnation Looms in Variance Denial Case

by: Joseph Grather
27 May 2010
A New Jersey appellate court recently affirmed the dismissal of a lawsuit challenging a local municipality’s denial of a variance application to build one single family residence on a 24 acre lot.  The Last Frontier, Inc. v. Blairstown Tp. Zoning Bd. of Adj., Docket A-5205-08T2 (May 24, 2010).  A variance was required because the property... Read More

New Jersey Supreme Court Agrees to Hear Another Redevelopment Case Involving Tenants’ Rights

by: Anthony F. Della Pelle
26 May 2010
The New Jersey Supreme Court recently granted a petition for certification in Town of Kearny v. Discount City of Old Bridge, Inc., et al., a redevelopment taking involving tenants rights where the designated “redeveloper” was also the tenant’s landlord, which was decided by the Appellate Division on October 23, 2009.  The Appellate Division held that pre-condemnation... Read More

Jersey City Redevelopment Plan Upheld Despite Passage of Time

by: Anthony F. Della Pelle
21 May 2010
High rise housing is permitted in City’s Powerhouse Arts District following adoption of amended Redevelopment Plan  A neighborhood action group’s argument that a redevelopment plan was wrongly amended was rejected by the Appellate Division of the New Jersey Superior Court in a recently published opinion.  The neighborhood group filed an action in the Superior Court... Read More

TENANTS NOT ENTITLED TO NOTICE OF BLIGHT DESIGNATION

by: Anthony F. Della Pelle
20 May 2010
 In Iron Mountain Information Management Inc. v. The City of Newark, the New Jersey Supreme Court held this week that the only persons entitled to notice of a blight designation under the Local Housing and Redevelopment Law (“LRHL”) are the owners of record and those whose names are listed on the tax assessor’s records as permitted... Read More

Long Branch Mayor Schneider, Who Oversaw Eminent Domain Use, Is Reelected

by: Anthony F. Della Pelle
20 May 2010
Following claims that he has abandoned the use of eminent domain in the redevelopment area, Long Branch Mayor Adam Schneider was reelected to an unprecedented sixth term in last week’s election despite negative campaigning in the final weeks of the election.  Former councilman, and mayoral candidate, Brian Unger, who also opposed the use of eminent... Read More

Seized, Stalled, and Scrapped

by: Joseph Grather
18 May 2010
McKirdy & Riskin’s Anthony Della Pelle provides commentary on Fox News about redevelopment projects and the problems that they can create when they are stalled or scrapped: [youtube=http://www.youtube.com/watch?v=S_nDORyXWAo] The video is also available on Fox News.... Read More

Redevelopment Lawsuit at Issue in Long Branch Mayoral Race

by: Anthony F. Della Pelle
10 May 2010
Long Branch mayoral candidate Robert Krebs says the suit he recently filed to overturn the Beachfront South redevelopment designation was filed by him as a “private citizen.”  Current Mayor Adam Schneider says he has abandoned the use of eminent domain in the redevelopment area because of the poor economy and recent court decisions restricting the... Read More