BLOG: Court Decisions

No "Temporary Taking" of Private Property in Long Branch

by: Joseph Grather
17 Oct 2012
On October 11, 2012, the Appellate Division issued an opinion affirming dismissal of a property owner’s temporary taking claim. Hoagland v. City of Long Branch (A-0358-11T2; A-1583-11T2).  Absent successful petition for certification, so ends another chapter in Long Branch’s long history of redevelopment. Before getting to the opinion, it must be noted that the only... Read More

NJ Appellate Court Affirms Right to Condemn

by: Joseph Grather
15 Oct 2012
Yesterday, the appellate division affirmed a trial court decision that rejected a property owner’s request to dismiss a condemnation action on the grounds that the State failed to engage in bona fide negotiations. State, DOT v. St. Mary’s Church (Docket A-5448-10T1).  The property owner argued that dismissal was warranted because the State failed to follow... Read More

California Appellate Court Reverses Property Owner Victory in Condemnation Action

by: Joseph Grather
9 Oct 2012
The Sixth District of the California Appellate Court recently reversed a trial court opinion dismissing a condemnation action and awarding legal fees.  San Benito County v. Hollister, Inn (Docket CU-06-00051& CU-06-00054 September 19, 2012). Following a trial on the County’s authority to use eminent domain (“right to take”), the court found that the County had “committed... Read More

Court Rejects Property Owner’s Unverified Sales Evidence at Trial

by: Anthony F. Della Pelle
7 Sep 2012
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property.  The judge... Read More

NJDOT Victory Reversed on Appeal

by: Joseph Grather
18 Jul 2012
Earlier this week, the Appellate Division issued an opinion reversing a Law Division decision that held a property owner was barred from claiming that NJDOT failed to specifically perform as promised in a written settlement agreement. State, Commissioner of Transportation v. Delucca (Docket No. A-3129-10T1).  A copy of the opinion may be found here. Photo... Read More

"Special" Valuation Rules N/A To Environmentally Remediated Property

by: Anthony F. Della Pelle
17 Jul 2012
Yesterday a New Jersey appellate court narrowed the scope of a property owner’s liability for environmental remediation when the owner’s property is taken via eminent domain.  In Borough of Paulsboro v. Essex Chemical Corporation, the Superior Court, Appellate Division (Skillman, J.A.D.) held that a property owner that had obtained approval of a closure plan for... Read More

Sayreville Developer Fails in Challenge to Redevelopment Fees

by: Anthony F. Della Pelle
30 May 2012
A New Jersey appellate court this week rejected an appeal by a Sayreville developer to challenge the imposition of costs and fees levied upon its commercial redevelopment by the Sayreville Economic Redevelopment Agency (“SERA”).  The developer Gillette Enterprises, Inc., sought to develop a parcel of land within Sayreville’s redevelopment area with age-restricted housing, after it... Read More

Inverse Condemnation Defeated: Wildwood Property Owner Fails to Exhaust Administrative Remedies

by: Joseph Grather
22 May 2012
On Friday May 18, 2012, a New Jersey appellate court affirmed – and published – the trial court’s decision in Dock Street Seafood, Inc. v. City of Wildwood, ___ N.J. Super. ___ (Law Div. Docket No. L-17056-06).  Plaintiff/appellant owns a vacant parcel of property located at 600 West Baker Ave in Wildwood, N.J. adjacent to its... Read More

Appellate Court Reaffirms Bedrock Condemnation Principles in Dismissing Complaint

by: Joseph Grather
5 Apr 2012
This week, a New Jersey appellate court reversed a trial court judgment allowing a condemnation action to proceed in the face of the property owner’s objection that the government has failed to engage in bona fide negotiations pre-complaint.  New United Corp. v. Essex County Vo-Tech. There appears to have been a long-standing dispute, prior and... Read More

Appellate Division Gives Train Case One-way Ticket Back to ALJ with Remand

by: Anthony F. Della Pelle
13 Feb 2012
Norfolk Southern Railway Company petitioned the New Jersey Department of Transportation for authorization to acquire the neighboring property owned by Intermodal Properties, LLC, by eminent domain after the property owner refused an arms-length sale.  Railroads, as a public utility, can receive authorization under N.J.S.A. 48:12-35.1 once they show that the land is needed for a... Read More