BLOG: Condemnation Law

Cliffside Park Settles; Evades Ruling in Two-Town Dispute

by: Anthony F. Della Pelle
12 Jun 2009
The Cliffside Park Borough Council approved a settlement this week authorizing the purchase of commercial property located in Fairview, and privately owned by Pedigree Holdings, LLC, for $2.35 million.  The settlement ended a protracted court case in which the limits of Cliffside Park’s eminent domain powers were tested because it had attempted to take the... Read More

Neptune Proposes Eminent Domain Ban

by: Anthony F. Della Pelle
11 Jun 2009
The Neptune Township Committee introduced an ordinance this week which would restrict the township’s use of its eminent domain powers in municipal redevelopment areas.  The proposed ordinance would allow eminent domain to continue where the taking is required for “traditional” public use or public purposes, but would ban takings for redevelopment purposes where the properties... Read More

Property Owner's Challenge to Redevelopment Testing Dismissed as Moot

by: Anthony F. Della Pelle
2 Jun 2009
A New Jersey appellate court dismissed a property owner’s challenge to redevelopment activities in the Town of Kearny on the basis that the appeal was moot.  Town of Kearny v. RLR Investments, Inc., Docket No. A-3174-07T2 (read the opinion here).    The property owner, RLR Investments, owns and operates a commercial trucking terminal which is located in... Read More

Court Disapproves Averaging of Comparable Sales

by: Anthony F. Della Pelle
29 May 2009
A New Jersey appellate court recently held that a trial judge’s practice of averaging comparable sales in fixing the fair market value of real property is an improper valuation practice.  In Pansini Custom Design Assocs. v. City of Ocean City, Docket No. A-2003-07T1, the plaintiffs owned a single family residence at the Jersey shore, which was... Read More

Morris County Jury Awards $1.2 Million for Taking of Auto Body Shop

by: Anthony F. Della Pelle
13 May 2009
A Morris County jury awarded $1.2 million last week to the owners of an auto body shop on Route 46 in Dover for the taking of that property by the New Jersey Department of Transportation by eminent domain.  The civil jury rendered a unanimous verdict of $1.2 million to Peter and Maria Kavrazonis as just compensation... Read More

North Arlington Ordered to Return Monies to Redeveloper on Failed Project

by: Anthony F. Della Pelle
1 May 2009
The Borough of North Arlington was ordered by New Jersey Superior Court Judge Jonathan Harris to return $2.4 million to Cherokee Investment Partners, which was a private redeveloper previously designated to undertake a municipal redevelopment project on Porete Avenue in the Borough.  The ruling resulted from a trial which lasted for 5 days in March of... Read More

Vineland Reduces Eminent Domain Threat

by: Anthony F. Della Pelle
29 Apr 2009
This week, the Vineland City Council approved a reduction of the potential use of eminent domain on a municipal redevelopment project involving properties at the intersection of East and Landis avenues.  The project had originally included all four corners of the intersection, but the recent change of heart by the City will now exclude the corner where... Read More

New Jersey Supreme Court Confirms Award of Counsel Fees as Mandatory in Abandonment of Condemnation

by: Anthony F. Della Pelle
13 Apr 2009
In a recent New Jersey Supreme Court decision authored by Justice Virginia Long, the Court confirmed the mandatory nature of attorneys’ fees awards in condemnation actions where the condemnor abandons the the taking. Township of West Orange v. 769 Associates, et als, (A-113-07, April 9, 2009).  The Supreme Court reversed an Appellate Division ruling that limited... Read More

Red Bank Considers Eminent Domain Ban

by: Anthony F. Della Pelle
1 Apr 2009
Another Monmouth County municipality is considering adopting a policy restricting the use of eminent domain for redevelopment purposes within its borders.  The Borough of Red Bank has proposed adopting an ordinance which would prohibit its mayor and council from using the power of eminent domain to acquire privately owned property in any redevelopment area created in... Read More

$3.2 Million Settlement Obtained for Water Rights

by: Anthony F. Della Pelle
10 Mar 2009
The Morris County Municipal Utilities Authority agreed to pay $3,200,000 for a 35 acre tract of land in Roxbury, Wharton and Jefferson townships formerly owned by Farley Waterworks, LLC, which the MUA had condemned in 2003 for the specific purpose of using the property’s groundwater to supply drinking water to its customers.   The MUA’s initial offer estimated... Read More