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Appellate Court Gives Property Owner and State Second Chance
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial. The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More
SCOTUS Takes Mt Holly Gardens Case!
Yesterday, the United States Supreme Court granted certiorari in Mt Holly Gardens v. Mt Holly Gardens Citizens. The case background is set forth in our prior blogs, but, the property owners (through counsel South Jersey Legal Services) argue that the redevelopment of the Mount Holly Gardens violates the Constitution because the government relocation of residents... Read More
Congressional Committee Adopts Private Property Protection Act Bill
The U.S. House judiciary subcommittee on Constitution and Civil Justice recently passed a bill (H.R. 1944) that is designed to protect private property from eminent domain takings by creating a federal bar to transfers from government to private entities for economic redevelopment. The press release is available here. The bill is entitled the Private Property... Read More
Missouri Supreme Court Enforces Post-Kelo Legislation Limiting Takings for Economic Development
As reported by WatchDog.org, the Missouri Supreme Court recently rejected the Southeast Missouri Port Authority’s attempt to use eminent domain to take private property for use in connection with interstate transmission of North Dakota crude oil. (A copy of the opinion is here). The government intended to take undeveloped Mississippi River water-front property from Velma... Read More
NJ Supreme Court Hears Arguments On Dune Case
On May 13, 2013, the Supreme Court heard argument in the case of Borough of Harvey Cedars v. Karan. That case is on appeal from an Appellate Division decision, which affirmed a jury verdict awarding the property owners $375,000 as constitutional just compensation for the partial taking of their private beach-front property. The municipality appealed... Read More
High Court Declines Hearing on Partial Taking of Cemetery
Last week, the New Jersey Supreme Court denied a petition for certification filed by the Diocese of Camden in behalf of St Mary’s Cemetery in Bellmawr. As reported by the Republic.com, in 2010, the New Jersey Department of Transportation acquired by exercise of eminent domain a six acre parcel owned by the church for its... Read More
Mantoloking (NJ) Contemplates Use of Eminent Domain for Dune Easements
This just in – Mantoloking has decided to use eminent domain to acquire private property for the purported public use of dune replenishment. See articles from CBS News and NJ.com. McKirdy & Riskin’s Tony DellaPelle was interviewed and quoted in the CBS news video about the constitutional issues raised by attempting to require that oceanfront property owners... Read More
Arkansas Fish and Game – Remand Briefs
As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission, may constitute a taking of private property. Therefore, the Court upheld the property owner’s inverse condemnation claim, reversed the Fifth Court’s decision... Read More
More from the Shore – Proposed Legislation Seeks to Limit Just Compensation
Owners of property along the Jersey shore continue to be battered, this time by their own elected officials. The New Jersey Senate recently introduced S-2618, which provides: “Just compensation for an easement over a portion of beachfront property condemned for the purpose of dune construction or beach replenishment shall include consideration of the increase in value... Read More
Hoboken North End Redevelopment Moving Forward
The Hoboken Planning Board recently completed its investigation of a proposed redevelopment area dubbed the North End Redevelopment Area. A full copy of the Study Report is available on the City’s website. Photo courtesy Google maps. As noted in a recent article by Amanda Palasciano of the Hudson Reporter, the next step in the process... Read More
