BLOG: Condemnation Law

New Jersey Assembly Passes Bill Creating Receiving Zones for Development Rights Under Highlands Act

by: Anthony F. Della Pelle
19 Mar 2010
The New Jersey State Assembly has approved legislation authorizing municipalities outside of the Highlands Region to voluntarily act as receiving zones for development under the Highlands transfer of development rights (TDR) program.  Under existing law, a municipality’s plan must be endorsed under the State Planning Act to accommodate receiving zones under the program, but the bill would now... Read More

City of Elizabeth Ordered to Pay Motel Owner from Environmental Escrow

by: Anthony F. Della Pelle
3 Mar 2010
The City of Elizabeth was recently ordered by New Jersey Superior Court Judge Kathryn A. Brock to permit the release of more than $350,000 to the former owner of a motel seized under eminent domain.   The monies had been held in a  Superior Court escrow account to provide funding for environmental cleanup of the property. The City acquired the... Read More

Owners' Approvals and Improvements Upheld as Relevant in Jury Valuation

by: Anthony F. Della Pelle
26 Feb 2010
A New Jersey appellate court recently rejected an attempt by the the New Jersey School Construction Corporation’s (“NJSCC”) to reverse a trial court judge’s decision permitting the jury to consider evidence of zoning board approvals and property improvements for purposes of determining just compensation at the trial concerning the NJSCC’s condemnation of the owners’ commercial property.  The trial... Read More

Appeals Court Denies Relocation Benefits to Bloomfield Property Owner

by: Anthony F. Della Pelle
25 Feb 2010
A New Jersey appellate court affirmed the denial of relocation benefits to a former property owner (Jeanny Sung Koo) in a redevelopment area in the Township of Bloomfield after she signed a lease to relocate to a new location where an initial offer to purchase her property had been made, and negotiations ensued, but the project stalled.  The... Read More

Appellate Division Rejects Property Owners' Due Process Claims in Redevelopment Case

by: Anthony F. Della Pelle
10 Feb 2010
A New Jersey appellate court recently rejected certain property owners’ claims that city officials violated their procedural and substantive due process rights by frustrating plaintiffs’ business ventures in connection with a local redevelopment plan and project. In Sandone v. Park, A-6346-07 (App. Div. February 2, 2010), the Appellate Division affirmed the trial court’s dismissal of the owners’ complaint challenging... Read More

New Jersey Legislature Introduces Bill to Address Loss of Business, and Resolution Proposing a Constitutional Amendment to Limit Takings

by: Anthony F. Della Pelle
9 Feb 2010
The New Jersey State Legislature introduced two proposed bills on February 4, 2010, to address compensation and “public purpose” issues.  SCR63 would amend Article VIII, Section III, paragraph 1, of the New Jersey Constitution, to remove “[t]he clearance, replanning, development or redevelopment of blighted areas” as a public purpose, while more narrowly defining a public... Read More

Trial Court Permits Redevelopment Challenge in West Windsor Despite Timeliness Objection

by: Anthony F. Della Pelle
28 Jan 2010
 Mercer County Assignment Judge Linda R. Feinberg issued an opinion finding that the notice requirements in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), applied to a redevelopment study adopted by the Township of West Windsor for its Princeton Junction Redevelopment Area.  In IC/L-A Washington Road v. Twp. of West Windsor,... Read More

McKirdy & Riskin Attorneys on Faculty of ALI-ABA Eminent Domain Seminar

by: Anthony F. Della Pelle
22 Jan 2010
McKirdy & Riskin’s Edward McKirdy and Anthony Della Pelle will be serving on the faculty of two of the best national CLE programs about eminent domain law, ALI-ABA’s “Eminent Domain and Land Valuation Litigation,” and “Condemnation 101: How To Prepare and Present an Eminent Domain Case,” being held concurrently at the Westin Kierland Resort in... Read More

State takes keys to Pearl Restaurant in Somers Point – : Latest News

by: Anthony F. Della Pelle
12 Jan 2010
State takes keys to Pearl Restaurant in Somers Point – : Latest News Posted using ShareThis... Read More

Discounted Jury Verdict Upheld on Appeal

by: Anthony F. Della Pelle
5 Jan 2010
A New Jersey appellate court recently rejected a property owner’s claim that it was deprived of just compensation because the jury verdict reflected a discount for the cost of environmental remediation on its property.  New Jersey Schools Construction Corporation v. Warminster Investments Corporation, et als., Docket No. A-5319-07T15319-07T1.  Warminster, the property owner, argued that the jury... Read More