BLOG: Condemnation Law
Can The Government “Keep The Change”? Tax Foreclosure Likely Taking Where It Keeps the Profits
The Supreme Court heard arguments yesterday in Tyler v. Hennepin County. Full analysis of the arguments can be found on SCOTUSBLOG. It doesn’t appear that the Justices were persuaded by the government’s position that it was entitled to keep the $25,000 in excess funds received after selling Ms. Tyler’s house for payment of back taxes. ... Read More
JP Morgan Chase CEO Suggests Eminent Domain to Fuel Green Infrastructure Investment
Jamie Dimon, Chairman and CEO of JP Morgan Chase issued his annual shareholders’ letter a few days ago. The letter is akin to a “state of the Union” address, while focusing on JP Morgan Chase’s successes of the prior year, as follows: “2022 was somewhat surprisingly another strong year for JPMorgan Chase, with the firm... Read More
“A Word of Many, Too Many Meanings….” Supreme Court Opinion Alert
“Jurisdiction, this Court has observed, is a word of many, too many, meanings.” Wilkins v United States (Slip op. March 28, 2023). Well, whatever the word means, the 12-year limitations period contained in the Quiet Title Act (28 U.S.C. Sec. 2409a) is not a bar to a federal Court’s jurisdiction. Wilkins and neighbor Stanton live... Read More
N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More
Great 8, Number 8: Pennsylvania Coal v. Mahon
For the final case in my “Great 8”, who else but Holmes? Before we get there, a quick caveat on “great cases” (from Holmes): “Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of... Read More
It’s the Same Old Song, This Time in North Carolina
“Now it’s the same old song, But with a different meaning since you been gone” Those lyrics have stood the test of time, as has the use of eminent domain power for purposes that probably were not contemplated by our founding fathers when they created the Bill of Rights to the United States Constitution and... Read More
NJ Supreme Court – Malanga v West Orange – Redevelopment Criteria “d” Interpreted
Hot off the presses, Chief Justice Rabner issued the Court’s unanimous opinion on Monday reversing a “blight” designation by the Township of West Orange. The full opinion is here. While we are still digesting the opinion, I believe its the first substantive interpretation of criterion “d” by our Supreme Court since Wilson v. City of... Read More
Great 8, Numbers 6 & 7: Cat in the Hat & Suydam
Two for one Friday, or the Daily-Double! There was a raging debate twenty years ago (tempus fugit!) about what happens when government acquires allegedly contaminated property for public use. Parties clashed over whether property seized by eminent domain should be valued considering the impact of the alleged contamination upon the value, or whether the contamination... Read More
Eminent Domain and Professional Sports Worlds Collide Again
The SoCal city of Inglewood is back in the news, as it appears likely that it will be seizing private properties again in connection with its new sports and entertainment district which includes a $2 billion basketball arena that will become home to the LA Clippers professional basketball team. In early 2021, Inglewood first authorized... Read More
LA County Agrees to Pay $20 Million for Bruce’s Beach
In November 2021 and August 2022, we covered a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. Those blogs can be found here and here. In mid-July 2022, an oceanfront ceremony officially marked... Read More
