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Police Power vs. Eminent Domain: Key Differences in Real Estate
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More
N.J. Appellate Court: Third-Party Tax Appeals Are Not “an Issue of Public Interest”
Last month, the N.J. Appellate Division decided a case involving the constitutionality of a newly amended statue that eliminates third-party appeals of tax assessments and a property’s tax-exempt status. In particular, the statute in question, N.J.S.A. 54:3-21(a), prohibits a taxpayer from appealing the tax-exempt status or assessment of property they do not own to the... Read More
10 Essential Questions to Ask Your Eminent Domain Attorney
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More
Inverse Condemnation vs Eminent Domain: What New Jersey Property Owners Need to Know
Understanding the differences between inverse condemnation and eminent domain is crucial for property owners, especially in New Jersey. Inverse condemnation vs. eminent domain involves distinct legal processes and implications. This blog post will delve into these differences, providing insights into how each impacts property rights and what property owners in New Jersey need to know.... Read More
Relocation Benefits: Major Changes in Federal Regulations After Two Decades
Relocation benefits are crucial for individuals and businesses affected by relocations due to federally funded projects. These benefits provide essential financial and logistical support, ensuring that those displaced can transition smoothly to new locations. The federal regulations governing relocation benefits had not seen significant updates in two decades, leading to outdated provisions that no longer... Read More
Beach Season: Appellate Court Clarifies Motion Procedure in a Condemnation Case
In late February 2024, the N.J. Appellate Division decided on an appeal involving a Point Pleasant condemnation case where a property owner filed a barrage of pre-trial and post-judgment motions. All of the owner’s motions were denied by the trial judge. After hearing arguments, the Appellate Division ultimately affirmed the rulings. The justification for the... Read More
SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court... Read More
A Primer on Valuing a Condemnation Case: The Sales Comparison Approach
In the typical condemnation case (if there even is such a thing as a “typical” case), the “fair market value” of the property taken, plus any damages to any remaining property is the measure of the award of just compensation. The appraisal profession employs the term “market value” defined as: The most probable price, as... Read More
First Highway Access Case Published In Years – Same As It Ever Was
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More
How Can a Redevelopment Designation Lead to a Taking by Eminent Domain?
In short, the determination that an area is designated “in need of redevelopment” by a local government, while not a constitutional taking itself, can be a precursor to a taking if the lawful procedure is followed by the government. Unless a property owner challenges the substance of the initial redevelopment designation at the time of... Read More
