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Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court
On December 4, 2023, a panel of the Appellate Division of the Superior Court of New Jersey published an opinion that adopted the holding of Tyler v. Hennepin County to reject one of appellant’s arguments. The case is captioned 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, and the full text of the opinion is... Read More
Is Preliminary Entry a Taking Requiring Just Compensation?
The Eminent Domain Act of 1971 grants a condemnor a right to “preliminary entry.” The statute provides: “Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests,... Read More
Illinois Falls in Line With Kirby Forest and Reverses Big Tax Refund
The Illinois Supreme Court filed an opinion on September 21, 2023 in MB Financial Bank v. Brophy (opinion here). In 2018, the property owner filed a complaint seeking a refund for overpayment of taxes on the low-income apartment building known as Evergreen Terrace it operated in Chicago. The property owner claimed that it had... Read More
Holy Sheetz! Another Takings Case on the Supreme Court Docket
Yesterday, we posted about the Supreme Court granting cert. in a property rights case out of Texas on Sept. 29th, but forgot to mention that they accepted two cases that day. The second is an exactions case filed by property owner George Sheetz against the County of El Dorado, California. The well-crafted Petition should... Read More
Texas Takings Case Accepted by US Supreme Court
Big congratulations to our colleagues at the Institute for Justice for persuading the High Court to hear another takings case. On Friday, the Court granted the petition for certiorari on the following question presented: “In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment’s Takings Clause was... Read More
Understanding Inverse Condemnation: Lessons from a Recent NJ Case
Inverse condemnation is a critical concept in property law, where property owners claim compensation from governmental entities that have effectively taken their property without formal condemnation proceedings. The case of 546 OG, LLC v. Edgewater highlights the complexities involved in such claims. In this instance, the court dismissed the inverse condemnation claim as “grossly out... Read More
Eminent Domain in the Amazon Rainforest?
Being a “dirt lawyer” or owner’s counsel for the past twenty years – you start seeing takings’ law in everyday life. For instance, this past Sunday I read an article in the New York Times – Brazil Found Last Survivors of Amazon Tribe. Now What? (August 20, 2023) In 1989, a government agent, deep in... Read More
Is Rent Control A Taking? NY Owners Ask Supreme Court to Decide
Catching up on my summer reading. I stumbled across a great law review article by Michael Berger entitled, The Joy of Takings (Journal of Law & Policy 2017), which is recommended reading for any condemnation practitioner and may be the subject of a future blog. But today, I wanted to share a Petition for Certiorari... Read More
“Perpetual” Storm Protection???
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms. It was almost a right of passage. That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More
Sandy Dunes Still Creating Property Rights Disputes
Earlier this year, several oceanfront property owners in Toms River sued their homeowner’s association and the municipality because they were precluded from building a “dune walkover.” The dunes are those that were funded after the devastation to the Jersey Shore caused by Hurricane Sandy in 2012. The project was designed by the Army Corps of... Read More
