Great 8, Number 3: United States v. Causby
Thomas Lee and Tinie Causby lived outside of Greensboro, North Carolina and operated a chicken farm on their 2.8 acre property. In May of 1942 – about 5 months after the bombing of Pearl Harbor on December 7, 1941 – the United States leased the municipal airport adjacent to Causby’s chicken farm to operate military... Read More
Great 8, Number 2: Washington Market – Early Inverse Case
Washington Market Enterprises, Inc. v. City of Trenton, 68 N.J. 107 (1975) is number two on the list. The case is included because it is probably one of the earliest New Jersey inverse condemnation cases alleging a “regulatory taking” where the owner prevailed. Our Supreme Court framed the issue: “This case presents the question of... Read More
Weehawken Bans Short-Term Rentals…Fifth Amendment Challenge Coming?
Although home-sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties, several cities along the Hudson River have banned owners from leasing out their properties on a short-term basis citing quality-of-life concerns. In March and August 2022, we blogged about Jersey City’s... Read More
A New Years’ Great Eight: Number 1
End of year, we all get bombarded with “best of” or “top 10, 20, 100” lists. So, how about starting the year with eight great condemnation cases? Number 1. Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893). A grand-daddy in its 130th anniversary year! A bountiful feast of elemental principles of just compensation... Read More
South Carolina City Pulls the Plug on Banning U-Haul Rentals
A property owner in Mauldin, South Carolina felt some holiday cheer this December when he found out that the city repealed an amortization ordinance that would have banned his long-standing U-Haul rental business. For over a decade, Jeremy Sark and his partner Marie Dougherty operated a U-Haul rental business alongside Sark’s Automotive shop in Mauldin.... Read More
Redevelopment of Famed “Horn Antenna” Site Looming?
The site of the former Nokia property in Holmdel Township could be receiving a makeover if the Township Committee gets its way. On November 22, 2022, the Holmdel Township Committee passed resolution 2022-307, authorizing the Township Planning Board to investigate whether the property at 791 Holmdel Road may be designated as an area in... Read More
Chatham Borough Residents Bracing for 2023 Property Tax Revaluation
Chatham Borough has commenced a State-ordered municipal property tax revaluation for the first time in nearly 20 years, and according to this recent article, residents have already started to express concern over the process and how it will impact their property tax bills. A revaluation program involves the mass appraisal and reassessment of all real... Read More
Do Takings Claims Survive Transfer of Title?
Read an interesting opinion by a California trial court dismissing an inverse condemnation action.NCP Imperial v. L.A. County, 2022 Cal. Super. LEXIS 60513 An inverse condemnation action alleges that private property has been taken for public use without just compensation. A prevailing plaintiff gets a condemnation valuation case. The majority of the “inverse” opinions I... Read More
Seasons Greetings – Easements and Partial Takings
Property has often been described as a bundle of rights, and narratively depicted as a bundle of sticks. I was recently preparing to try a case involving an easement taking, which was resolved at the 11th hour as many cases do. Thinking about how best to present the case to a jury, a recurring thought... Read More
Unambiguous PILOT Agreement Upheld by Appellate Division
A unique characteristic of an “area in need of redevelopment” under the Local Redevelopment and Housing Law is that our State Constitution allows properties in the area to be exempted from real property taxation, and instead subject to long-term tax abatements for payments “in lieu of taxes” under agreements between the property owner and the... Read More