BLOG: Condemnation Law

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

Kelo Update: Eminent Domain in New London — Poetic Justice or Sour Economy?

by: Anthony F. Della Pelle
5 Oct 2009
  What is happening in New London, Connecticut now, more than four years after the United States Supreme Court’s opinion in the Kelo v. New London matter? “There are a few signs of life: Feral cats glare at visitors from a miniature jungle of Queen Anne’s lace, thistle and goldenrod. Gulls swoop between the lot’s... Read More

Gloucester County Officials Consider Eminent Domain

by: Anthony F. Della Pelle
4 Oct 2009
Candidates for Gloucester County Freeholder were recently interviewed and asked about their opinions regarding the use of eminent domain.  Read their answers in a recent Gloucester County Times article here.... Read More

Eatontown Adopts Ordinance Limiting Eminent Domain — Critics Question Its Effectiveness

by: Anthony F. Della Pelle
1 Oct 2009
The Borough of Eatontown has adopted an ordinance limiting its eminent domain powers, but the ordinance is subject to criticism by both borough residents and Mayor Gerald Tarantolo, who say the measure does not do enough to protect property owners.   The ordinance, which was passed by a unamimous vote at the Borough Council’s Sept. 9 meeting, restricts... Read More

Eminent-domain reform / When will it pass? – : Press Editorials

by: Anthony F. Della Pelle
30 Sep 2009
Eminent-domain reform / When will it pass? – : Press Editorials Posted using ShareThis... Read More

Long Branch Settlement Spares Homeowners

by: Anthony F. Della Pelle
21 Sep 2009
The City of Long Branch has approved a settlement with several homeowners which dismisses the eminent domain actions the City had instituted against them in 2005.  Under the settlement, the property owners, all of whom own homes in the MTOTSA (Marine Terrace, Ocean Terrace, Seaview Avenue) section of the Beachfront North area of Long Branch,  will... Read More

Highlands Act Upheld

by: Joseph Grather
11 Sep 2009
New Jersey’s Highlands Water Protection and Planning Act has been upheld by a State appellate court.  County of Warren v State of New Jersey, ___ N.J. Super. ___ (App. Div. 2009) (Slip op. September 4, 2009, Docket No. A-4591-07T1)(Read the slip opinion here). The Appellate Division – in a published opinion – affirmed the trial... Read More

Business Losses Are Compensable in Temporary Takings Cases

by: Anthony F. Della Pelle
28 Aug 2009
A New Jersey appeals court has held that a temporary taking of a commercial property for public infrastructure repair requires compensation for resulting business losses.  In a July 27, 2009 opinion, the appellate court upheld a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of... Read More

Solberg Airport Taking Remanded

by: Joseph Grather
21 Aug 2009
A New Jersey appeals court has remanded a challenge to a municipal effort  to condemn a local airport.  Township of Readington v. Solberg Aviation Co., involved the acquisition of a portion (in excess of 600 acres) of the owner Solberg’s private airport property in Readington Township, allegedly for open space preservation.  The Solberg Airport property... Read More

Legislature Approves Open Space Acquisition Funding

by: Anthony F. Della Pelle
6 Jul 2009
Both houses of the New Jersey State Legislature have approved a $400 million bond to fund the acquisition of open space, public recreation and conservation lands.  The bill, entitled the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009,”, A-3901/S-1858, had bi-partisan support in the legislature and passed with... Read More