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Mortgagee Not Entitled to Bona Fide Negotiations

by: Joseph Grather
7 Feb 2013
On February 5, 2012, the Appellate Division published its decision in a condemnation case captioned Borough of Merchantville v. Malik & Son, LLC.  The property was acquired by the municipality in connection with an earlier “in need of redevelopment” designation.  In short, the Appellate Court affirmed a trial court’s rejection of a “right to take” challenge... Read More

More on Dune Replenishment – Taking Private Property Without Just Compensation

by: Joseph Grather
5 Feb 2013
The Borough of Mantoloking is one of several beachfront municipalities that has asked owners of beach-front property to donate their private property to the municipality.  A copy of the most recent form of dedication agreement (identified as an easement) is available on the Borough’s website here.  The Borough is attempting to force property owners to... Read More

Rebuilding After Sandy: Government Assistance At Odds With Private Property Rights

by: Joseph Grather
7 Jan 2013
The following quote is attributed to President Ronald Reagan: One example of government assistance post-Hurricane Sandy was the removal of an entire house because it was allegedly in the right of way: Ortley Beach home removed Well, photographic and video evidence proved that the house was not in the right-of-way, but the State removed and... Read More

In the Wake of a Superstorm the Debate Continues – Who Should Pay for the Dunes?

by: Joseph Grather
20 Dec 2012
The debate continues – Can government force private property owners to donate their private property for strengthening a dune system for the benefit the general public when the next superstorm hits?  Not in the U. S. of A.   A recent National Public Radio program discussed the topic and interviewed property owners and government officials.  Governor... Read More

Morristown Council Amends Redevelopment Plan for CVS Pharmacy

by: Joseph Grather
7 Dec 2012
The Morristown  Town Council approved an amendment to the Speedwell Avenue Redevelopment Plan that would permit development of Phase 4 with a stand-alone retail pharmacy at the corner of Spring Street and Speedwell Avenue formerly occupied by an auto dealership and related uses.  Indeed, the Town’s website declares the amended plan the “CVS Pharmacy Speedwell... Read More

US Supreme Court: Temporary Flooding May Constitute a "Taking"

by: Joseph Grather
4 Dec 2012
Photo courtesy:  www.agfc.com Today, the United States Supreme Court issued its unanimous decision in the case of Arkansas Game and Fish Commission v. United States (No.11-597).  The Court concluded in a ruling favorable to the property owner “that recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability.” (Slip op.... Read More

Morris Street Redevelopment Plan Adopted

by: Joseph Grather
27 Nov 2012
Following up on our blog entry from two weeks ago, the Morristown Council adopted the Morris Street Redevelopment Plan on November 1, 2012. A full copy of the Redevelopment Plan is available on the town website here. Next step is for the Town to appoint a redeveloper and then negotiate a redevelopment agreement as approved... Read More

Hurricane Sandy and the Dune Replenishment Dilemna

by: Joseph Grather
9 Nov 2012
Along with the destruction of thousands of homes and the devastation of the State’s power-grid (yours truly remains without power 12 days later) Hurricane Sandy’s super-storm surge has brought to the collective conscience the long running debate about who should pay for a public improvement project. Those following our blog will recall that the Army... Read More

Morristown Morris Street Redevelopment Moving Along

by: Joseph Grather
29 Oct 2012
After a relatively long hiatus, it appears that the Morris Street Redevelopment Plan is on the road towards adoption.  As recently reported in the Morristown Patch, the Council introduced an Ordinance to adopt the plan at its October 11, 2012 meeting, and it should be on the Morristown Redevelopment Agency Agenda for November 11, 2012. As... Read More

Mount Holly Residents Praying for Supreme Relief

by: Joseph Grather
24 Oct 2012
NJ.com reports that the Mount Holly Gardens Citizens in Action has asked the U.S. Supreme Court to hear their case that claims municipal redevelopment activity has resulted in discrimination in violation of the federal Fair Housing Act. Statistically, its unlikely that the nation’s high Court will take the case, but the residents remaining at the... Read More