BLOG: Condemnation Law
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
Pros and Cons of Eminent Domain: When Sports and Private Property Collide
The intersection of eminent domain and professional sports development represents a significant legal battlefield where private property rights confront public economic interests. Inglewood, California’s recent authorization of eminent domain for the $2 billion LA Clippers arena exemplifies this ongoing tension, raising critical questions about the legitimate scope of government takings power and the definition of... 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
Great Eight, No. 5 – Nollan v. California Coastal Commission (US)
1987. My penultimate year in high school and the year the United States Supreme Court decided Nollan v. California Coastal Commission. 483 U.S. 825. Justice Scalia’s opinion is worthy of a full read, especially the continued – and almost comical – retorts to Justice Brennan’s dissenting opinion. The issue is on appeal is immediately established: ... Read More
Great 8, Number 4: Wilson – Municipal Redevelopment Sustained
The above image apparently depicts a downtown urban blighted area in Connecticut. (But, today’s post will not be about the famous Little Pink House in Connecticut). This post is about the judicial progenitor of redevelopment in New Jersey, Wilson v City of Long Branch (1957) (Francis, Assoc. Justice). The case was the first to challenge... Read More
Harrison Tp Redevelopment Faces Heavy Opposition
A quick break from the “great 8” – – NJ.com reports that a rural Gloucester County municipality has been targeted in two lawsuits seeking to invalidate a “warehouse” friendly redevelopment plan. To refresh everyone’s recollection, the New Jersey Constitution declares that “redevelopment” of a “blighted area” is a public use and public purpose for which... Read More
