BLOG:
New Jersey Supreme Court Confirms Award of Counsel Fees as Mandatory in Abandonment of Condemnation
In a recent New Jersey Supreme Court decision authored by Justice Virginia Long, the Court confirmed the mandatory nature of attorneys’ fees awards in condemnation actions where the condemnor abandons the the taking. Township of West Orange v. 769 Associates, et als, (A-113-07, April 9, 2009). The Supreme Court reversed an Appellate Division ruling that limited... Read More
Red Bank Considers Eminent Domain Ban
Another Monmouth County municipality is considering adopting a policy restricting the use of eminent domain for redevelopment purposes within its borders. The Borough of Red Bank has proposed adopting an ordinance which would prohibit its mayor and council from using the power of eminent domain to acquire privately owned property in any redevelopment area created in... Read More
Environmental Impacts in Real Estate Valuation Litigation
By Thomas M. Olson and Anthony F. Della Pelle New Jersey Law Journal March 18, 2009 “Environmental contamination often has a significant impact upon the value of real property. Buyers and sellers devote substantial effort towards negotiating a price for the sale of contaminated property which accounts for its need to be remediated under the... Read More
$3.2 Million Settlement Obtained for Water Rights
The Morris County Municipal Utilities Authority agreed to pay $3,200,000 for a 35 acre tract of land in Roxbury, Wharton and Jefferson townships formerly owned by Farley Waterworks, LLC, which the MUA had condemned in 2003 for the specific purpose of using the property’s groundwater to supply drinking water to its customers. The MUA’s initial offer estimated... Read More
Mortgage Lender's Recovery of Interest on Condemned Parcel Limited by Appellate Court
On February 10, 2009, a New Jersey appellate court limited the rights of a mortgage lender to receive interest on property taken by eminent domian, upon which the lender held a mortgage at the time of the taking. The appeals panel ruled that the mortgage lender was only entitled to receive, in satisfaction of its mortgage,... Read More
Belmar Restricts Its Own Eminent Domain Power
The Belmar Borough Council voted 4-1 on February 25, 2009 to ban the use of eminent domain to take real property within a designated municipal “redevelopment area” and to convey it to a private developer, even though New Jersey law permits such condemnations to occur. Borough Councilman Matthew Doherty, who was in favor of the limitation, stated: “It’s... Read More
Pro Se Litigant Given Another Chance in Tax Appeal
A New Jersey appellate court provided an Essex County homeowner with another chance to prosecute a property tax appeal on his residential property in Newark. Clarence Paul Roberts, who had filed an appeal of his property tax assessment with the Essex County Board of Taxation and New Jersey Tax Court, had that appeal dismissed by the... Read More
Governor Corzine Executes "Pay to Play" Ban On Redevelopers
Effective November, 15, 2008, New Jersey redevelopment entities are prohibited from entering into redeveloment agreements with any private redeveloper that has made a contribution to a candidate, committee or election fund of any candidate for any State public office, including candidates for the office of Governor, Lieutenant Governor, party committee, legislative committee or legislative office... Read More
REDUCING REAL PROPERTY TAX EXPENSES IN A DOWN REAL ESTATE MARKET
APRIL 1, 2009 FILING DEADLINE LOOMS The recent economic turmoil has taken its toll on certain sectors of the real estate market in New Jersey. Owners, operators and property managers of commercial, industrial and other investment properties may look to reduce real estate tax expenses by considering whether to appeal their 2009 local... Read More
Eminent Domain Ban Ordinance Shelved by Monmouth County Town
An ordinance that would have banned most uses of eminent domain in Neptune Township was withdrawn at a January 26, 2009 meeting of the Town’s governing body, so that it could be revised and reintroduced with different provisions at a later date. The proponent of this ordinance, Township Committeeman Randy Bishop, pulled the proposed Ordinance... Read More
