Two Worlds Collide: States of Emergency and Individual Rights
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual...
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Federal Appeals Court Rules PennEast Cannot Haul State into Federal Court for Pipeline Takings
We may be late to the party, as there has already been a lot of publicity over this decision, but thought we would add a few lines for our readers. The Circuit Court immediately explained that the District Court granted PennEast “orders of condemnation and preliminary injunctive relief for immediate access to the properties.” Slip...
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Paying the Pied Piper: Third Circuit Court of Appeals Court Rules That State Law Applies in Federal Eminent Domain Suit
In TENNESSEE GAS PIPELINE COMPANY, LLC v. PERMANENT EASEMENT FOR 7.053 ACRES, et als, the United States Court of Appeals for the Third Circuit faced an issue of first impression, and held that State eminent domain law must be applied in federal takings matters. Tennessee Gas Pipeline Company, a private utility corporation, holds a certificate...
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Knicks Win Big in Court, and on Court
Last week ended with big takings news for Knicks in both Pennsylvania and New York. In New York, the Knicks professional basketball team “took” former Duke University star R.J. Barrett with the third pick in the NBA draft. Barrett is thought by many to have been the best all around prospect in the draft, and...
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Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public...
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SCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant Parcel Analysis
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking. Because the test for regulatory takings require the courts to compare the value that has been taken from the property with the value that remains in the property, one of the critical components in the...
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State Law Held to Apply in Federal Court Pipeline Taking
A Florida Federal District Court judge court recently held that Florida’s state eminent domain laws should be applied to a taking by a private pipeline company which relied upon the Natural Gas Act, federal law which allows private companies to use eminent domain in the federal courts “in matters relating to the transportation of natural gas...
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Adoption of Rehabilitation Plan in Woodbridge Not A Taking (D.N.J.)
From the United States District Court comes a new opinion from Judge Chesler, but there’s nothing new in the precedent cited denying a property’s owner’s claim of “inverse condemnation.” Simply stated, an inverse condemnation case is a procedure for a property owner to secure just compensation where government has taken private property for public use...
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2016 ALI CLE Eminent Domain Conference Around the Corner
This year’s version of the annual ALI CLE Eminent Domain and Land Valuation Conference is just around the corner, and promises to be another good one. The conference will be held in Austin, Texas, includes soup to nuts coverage of the hottest issues in eminent domain law from around the country, and offers prime networking...
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Publications
The attorneys at McKirdy, Riskin, Olson & DellaPelle, P.C. have written extensively on topics within our practice area, including the leading treatise on the law of New Jersey eminent domain: “Main Street v. Hackensack: A Signal of a Possible Revival of Urban Redevelopment in New Jersey?”, Practice Points, American Bar Association; Section of Litigation; Real...
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