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10 Questions to Ask an Eminent Domain Attorney

by: Michael Realbuto
12 May 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. When confronted with this power, it is easy for property owners to feel overwhelmed or confused by the process. Retaining reliable and experienced eminent domain counsel is the single most effective way to protect your property rights... Read More

Fear of Taking and Allegations of Conspiracy Not Enough to Stop Redevelopment Designation

by: Allan Zhang
25 Apr 2022
This recent Third Circuit Court of Appeals opinion stemmed from the district court’s dismissal of Plaintiff’s Complaint in Lieu of Prerogative Writ. Merrick Wilson, Academy Hill, Inc., and River Valley Heights Corp. (“Plaintiffs”) brought this action challenging the City of Lambertville’s resolution (100-2018) declaring an area that included Plaintiffs’ property as “in need of redevelopment.”... Read More

Appellate Division Affirms Town’s Right to Take Redevelopment Property

by: Michael Realbuto
14 Apr 2022
In New Jersey, redevelopment designations are often a precursor to the government exercising its eminent domain power. However, in order for the government to use eminent domain, it must first obtain a final judgment from the court authorizing the “right to take.” On April 6, 2022, in Lindenwold v. Jackson, et al., the Appellate Division... Read More

Can You Fight Eminent Domain?

by: Michael Realbuto
14 Mar 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. In New Jersey, the State is vested with the power of eminent domain as an attribute of sovereignty, but the legislature may also delegate the power to other agencies and arms of the government (i.e., counties, municipalities,... Read More

N.J. District Court: Jersey City’s Limit on Short-Term Rentals is Constitutional Under the Takings Clause

by: Michael Realbuto
7 Mar 2022
Home sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties. Using these platforms, individuals may lease or sublease their properties for a short-term period of days, weeks, or months at a time. In 2015, Jersey City passed an ordinance affirmatively permitting... Read More

SCOTUS Declines to Hear Dakota Access Pipeline Case

by: Michael Realbuto
1 Mar 2022
  Image courtesy of researchgate.net With over 7,000 requests for review per year, the Supreme Court of the United States has its hands full and hears only about 100-150 cases in a given year. One case that recently did not make the cut was an appeal submitted by the operator of the Dakota Access Pipeline... Read More

Tax Court Declines to Increase Property Tax Assessments for Carteret Property

by: Matthew Erickson
14 Feb 2022
The Tax Court of New Jersey recently rendered a seventeen (17) page opinion in Carteret Holdings Urban Renewal, LLC v. Carteret Borough (hereafter “Carteret Holdings”) that affirmed the 2018 and 2019 tax assessments for a garden-style apartment complex located in Carteret Borough, Middlesex County, New Jersey. The unpublished opinion, written by the Hon. Mala Sundar,... Read More

Property Tax Relief Legislation Advances Through NJ Senate Committee

by: Matthew Erickson
10 Feb 2022
NJ Property Tax Relief On January 27, 2022, the New Jersey Senate Community and Urban Affairs Committee unanimously approved two pieces of legislation impacting New Jersey property taxes.  These proposed bills, S330 and S343, are lawmaker’s attempts to give some measure of property tax relief to New Jersey residents.  Though they both take very different... Read More

Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado

by: Michael Realbuto
19 Jan 2022
We often think of eminent domain as the inherent power of the government to take private land for a public purpose. But what about when one sovereign entity intends to take land from another? Let’s look at a recent interstate taking story from the Nebraska-Colorado border, where Nebraska Governor Pete Ricketts plans to use Nebraska’s... Read More

New Jersey Enacts New Changes to the Casino Property Stabilization Act

by: Matthew Erickson
12 Jan 2022
On December 21, 2021, the Governor of New Jersey signed into law S4007, a bill that is meant to address the property tax payments made by Atlantic City Casinos.  Previously, on December 20, 2021, the New Jersey Senate and the New Jersey Assembly had passed the bill with narrow margins. The Casino Property Stabilization Act... Read More