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HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
App Div Affirms Redevelopment of 615 River Road Edgewater Property
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div. The decision appears to be the end of years of litigation over the redevelopment of... Read More
North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... Read More
As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims
With the 4th of July fast approaching, a New Jersey appellate court issued its opinion in Englewood Hospital v. State of New Jersey. Englewood Hospital v. State of New Jersey. While the case is hot off the press and we haven’t fully digested it, there was no ambiguity about the result: “Considering the arguments and... Read More
Understanding New Jersey Short-Term Rental Laws
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More
Understanding Just Compensation: Insights from Devillier v. Texas
Understanding the definition of just compensation is crucial when discussing eminent domain, a legal process allowing governments to take private property for public use. The case of Devillier v. Texas highlights the complexities surrounding this issue, as it underscores the legal battles property owners face in securing fair compensation. This case is significant because it challenges the... Read More
No More Gold for El Dorado County California
A unanimous United States Supreme Court decided in favor of property owner George Sheetz on April 12, 2024. Opinion here: Sheetz v Eldorado. Six months ago, the Court granted certiorari to hear the owner’s complaint about an excessive permit fee of $23,420 (our blog on topic here). The fee was imposed as a condition precedent... Read More
Something Stinks (But Not The Jury Award For Houses Flooded w/ Sewage)
Quick one before heading out for the Easter holiday weekend. Apparently, a Camden County jury recently awarded four property owners over $21,000,000 for damages caused by a flooding event in 2019, which substantially damaged their residential properties. The plaintiffs’ alleged that before the flooding event in June 2019, their properties ranged in value from $350,000... Read More
Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases. Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction. It’s not technically an eminent domain or condemnation case, but it relates to... Read More
Coney Island Redevelopment – Thunderbolt Roller Coaster Case
For my final post of 2023, a condemnation valuation case from neighboring New York. I don’t know whether the litigants referred to it as the “Thunderbolt Roller Coaster Case”, but I would have. The case offers an interesting perspective on three discrete valuation issues arising out of a partial takings redevelopment case. The opinion is... Read More
