BLOG: Condemnation Law
Federal Circuit Rejects Takings Claims in Indiana Rails-to-Trails Dispute
Earlier this year, the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ dismissal of takings claims brought by a group of Indiana landowners. ATS Ford Drive Investment, LLC v. United States, 136 F.4th 1066 (Fed. Cir. 2025). The case centered on whether the federal government’s facilitation of a recreational... Read More
North and South Dakota Clash Over CO₂ Pipeline Project
A multi-state pipeline project in the Midwest has sparked a tense standoff between North Dakota and South Dakota. South Dakota’s new law, which bans the use of eminent domain for carbon pipelines, threatens the viability of the project. This has prompted North Dakota officials to consider taking legal action against its southern neighbor. Let’s see... Read More
Decades-Old Lease Haunts Property Owner in Eminent Domain Case
Following a recent decision from the N.J. Appellate Division, the long-running eminent domain saga between Pemberton Township and property owners, Rocco and Antonia Berardi (the “Berardis”), may have finally concluded. See Twp. of Pemberton v. Berardi (Berardi I), 378 N.J. Super. 430 (App. Div. 2005); Berardi v. Twp. of Pemberton (Berardi II), No. A-1973-11 (App.... Read More
NJ Supreme Court to Hear Two Eminent Domain Cases
Two potentially significant eminent domain cases are set to be heard by the New Jersey Supreme Court. At the heart of these cases is the public use doctrine rooted in the U.S. Constitution and the New Jersey Constitution. Let’s see how these cases could impact the government’s use of this constitutional power. Township of Jackson... Read More
Can The Government Use Eminent Domain To Take Property Already Devoted To A Public Use?
The Fifth Amendment of the U.S. Constitution allows the government to take private property if the land is being put towards a public use, and so long as the landowner is paid just compensation. Despite controversial court decisions, such as Kelo v. City of New London, 545 U.S. 469 (2005), the requirement that condemned land... Read More
Walking the Tightrope Between Private Property Rights and Public Development
In most free countries, the right to own and control private property is a foundational principle. It underpins economic freedom, personal autonomy, and the ability to build and transfer wealth across generations. Yet, this right is not absolute. Governments retain the power of eminent domain—the authority to seize private property for “public use,” provided “just... Read More
Understanding the Parties to a Condemnation Lawsuit
When the government takes private property through eminent domain, it triggers a legal process called condemnation. A condemnation lawsuit involves multiple parties, each with specific roles and rights. Understanding who these parties are helps property owners and government agencies navigate this complex legal terrain. The Main Players in Every Condemnation Lawsuit Condemning Authority (Plaintiff) The... Read More
N.J. Appellate Court Blocks Town from Stopping Affordable Housing Project
If you have been following our blog, you are probably aware of the difficulties that property owners face when fighting the government’s taking of private property. In many instances, Courts defer to the government’s asserted purpose, necessity, and procedural conduct for a proposed taking. However, as demonstrated by a recent decision from an N.J. appellate... Read More
Property Owner Entitled to Compensation After Foreclosure Sale
The New Jersey Superior Court, Appellate Division delivered a landmark decision that protects property owners’ rights to surplus equity after foreclosure sale. In Johnson v. City of East Orange, the court reversed a trial court ruling and affirmed that property owners must receive compensation when municipalities keep proceeds exceeding unpaid taxes. This groundbreaking case demonstrates... Read More
U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums
On June 6, 2025, a U.S. federal appeals court ruled that the U.S. government may have to face property damage claims by landlords from a COVID-era eviction moratorium. In the case Darby Development Company Inc. et al. v. United States, No. 22-1929, residential property owners sued under the 5th Amendment’s Takings Clause which prevents the... Read More
