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Eminent Domain and Racial/Societal Bias: A Primer

by: Anthony F. Della Pelle
7 Oct 2024
The government’s use of eminent domain has been essential to facilitate infrastructural development, as the practice has given rise to projects from railroads, to public roads and highways, schools, hospitals, historical sites, parks, and more. The Fifth Amendment to the United States Constitution limits the government’s power to take privately owned lands for public uses... Read More

Self-Represented Litigants Lose Challenge To Denial of Mansion Tax Refund

by: Jon Ferrari
Self-Represented Litigants Lose Challenge To Denial of Mansion Tax Refund
24 Sep 2024
Mansion tax plays a significant role in property transactions exceeding $1 million. This tax, which requires buyers to pay an additional 1% of the purchase price, has recently come under scrutiny in a notable Tax Court of New Jersey decision. The case of DePina v. Director, Division of Taxation has shed light on the strict... Read More

A Comprehensive Guide to Eminent Domain Just Compensation

by: Anthony F. Della Pelle
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11 Sep 2024
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More

Eminent Domain in a Nutshell

by: Anthony F. Della Pelle
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2 Sep 2024
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More

App Div Affirms Redevelopment of 615 River Road Edgewater Property

by: Joseph Grather
26 Aug 2024
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div.  The decision appears to be the end of years of litigation over the redevelopment of... Read More

Police Power vs. Eminent Domain: Key Differences in Real Estate

by: Michael Realbuto
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14 Aug 2024
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More

N.J. Appellate Court: Third-Party Tax Appeals Are Not “an Issue of Public Interest”

by: Michael Realbuto
12 Aug 2024
Last month, the N.J. Appellate Division decided a case involving the constitutionality of a newly amended statue that eliminates third-party appeals of tax assessments and a property’s tax-exempt status. In particular, the statute in question, N.J.S.A. 54:3-21(a), prohibits a taxpayer from appealing the tax-exempt status or assessment of property they do not own to the... Read More

10 Essential Questions to Ask Your Eminent Domain Attorney

by: Michael Realbuto
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11 Aug 2024
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More

Property Tax Caps Considered Across America

by: Anthony F. Della Pelle
5 Aug 2024
Property tax caps are legislative measures designed to limit the amount by which property taxes can increase annually. These caps are implemented to provide homeowners with financial predictability and to protect them from sudden and significant tax hikes that can occur due to rising property values. By controlling the increase in property taxes, these caps... Read More

North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!

by: Joseph Grather
2 Aug 2024
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... Read More