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NJ Supreme Court Erodes Special Benefits, Like the Dunes
This morning, the New Jersey Supreme Court has issued its much-anticipated decision in the dune replenishment case, Borough of Harvey Cedars v. Karan, which was argued this May. A copy of the decision is available here. This opinion is hot off the press and we are reading it now, but the Court has reversed the... Read More
Appellate Court Gives Property Owner and State Second Chance
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial. The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More
Government Can't Make Developers "Show Them the Money"
Big Win For Property Rights in US Supreme Court Yesterday, the United State Supreme Court issued a decision which has caused property rights advocates and developers to rejoice, and is likely to become a historic property rights precedent for years to come. The 5-4 decision in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (copy... Read More
Jersey City Revaluation Imperiled?
Jersey City Mayor-elect Steven Fulop has announced that the city-wide property revaluation has been halted, and warned that an audit of the revaluation company hired by the prior administration may be performed because of alleged ties to a former city business administrator. Fulop’s campaign had impugned outgoing Mayor Jeremiah Healy for ordering the revaluation, suggesting... Read More
Eminent Domain Reform Bill Passed by NJ Senate
Yesterday, the New Jersey State Senate approved a bill which codifies restrictions of local governments’ use of eminent domain for private redevelopment and creates an alternative to condemnation for future redevelopment projects. The legislation, S-2447, passed on a vote of 36-1, affirms the protections afforded to property owners in redevelopment areas by New Jersey’s courts... Read More
Ailing Seller Not Considered Arms’ Length Sale Participant for Comparable Sales Analysis
The Appellate Division of the New Jersey Superior Court recently affirmed the decision of a Tax Court judge which held that a subject sale was not an arms’ length sale because the seller was ill and accepted the first offer made by the buyer. Following a trial on the issue of valuation, the Tax Court... Read More
SCOTUS Takes Mt Holly Gardens Case!
Yesterday, the United States Supreme Court granted certiorari in Mt Holly Gardens v. Mt Holly Gardens Citizens. The case background is set forth in our prior blogs, but, the property owners (through counsel South Jersey Legal Services) argue that the redevelopment of the Mount Holly Gardens violates the Constitution because the government relocation of residents... Read More
Congressional Committee Adopts Private Property Protection Act Bill
The U.S. House judiciary subcommittee on Constitution and Civil Justice recently passed a bill (H.R. 1944) that is designed to protect private property from eminent domain takings by creating a federal bar to transfers from government to private entities for economic redevelopment. The press release is available here. The bill is entitled the Private Property... Read More
85,257 Reasons Why Municipalities Should Pay Tax Refunds On Time
In Faber Brothers Inc. of New Jersey v. Borough of Paramus, the court considered a Motion to Enforce Settlement Agreement, Compel Payment of Refund and Interest. This motion arose in tax appeals contesting the assessments for the tax years 2009 through 2011. The parties reached a settlement agreement and filed a Stipulation of Settlement with... Read More
Missouri Supreme Court Enforces Post-Kelo Legislation Limiting Takings for Economic Development
As reported by WatchDog.org, the Missouri Supreme Court recently rejected the Southeast Missouri Port Authority’s attempt to use eminent domain to take private property for use in connection with interstate transmission of North Dakota crude oil. (A copy of the opinion is here). The government intended to take undeveloped Mississippi River water-front property from Velma... Read More
