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Water Company Considers Condemning Alabama Neighborhood
Many of the typical eminent domain cases involve circumstances where a condemnor (i.e., the taking authority) seeks to take a solitary parcel of property, or a portion of the same, to further a public project. So, when we catch wind of a story where a water company is seeking to seize a city neighborhood, it... Read More
The Heavy Burden of Eminent Domain
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is... Read More
Let’s Make a Deal: Ocean County Set to Acquire Campground Site for $5.9M
Many of our blog posts focus on the run-of-the-mill condemnation case, that is, when pre-litigation negotiations fail, and the government legally “takes” private property for public use in exchange for “just compensation.” It’s about time we shed some light on an alternative case where the condemning agency avoids exercising its eminent domain power by entering... Read More
Is “Discovery” Permitted in a New Jersey Condemnation Case?
In civil litigation, the “discovery” process is a valuable tool for the parties to receive and exchange certain facts, documents, and other information (i.e., evidence) relative to the issue(s) at hand. Most causes of action permit liberal discovery which can be an expensive and timely endeavor for litigants and counsel. However, condemnation cases in New... Read More
Where Does the Government’s Money Come From to ‘Take” Private Property?
If you read the title of today’s post, I can guarantee you that the money does not grow on trees! As you know, the government is required to pay “just compensation” when it takes private property, and that value can vary from hundreds of dollars to multiple millions of dollars depending on the size and... Read More
A Primer on Relocation Benefits in New Jersey
In New Jersey, persons displaced by a governmental taking, assuming they satisfy all statutory requirements, are entitled to relocation assistance under the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (state implementation of requirements of federal Uniform Relocation Assistance Law), the Relocation Assistance Law of 1967, N.J.S.A. 52:31(b)-1 et seq. (applicable to all displacements, including condemnation... Read More
The Importance of Condemnation Appraisal in Eminent Domain Cases
Condemnation appraisal plays a crucial role in ensuring property owners receive fair compensation during eminent domain cases. When the government seizes private property for public use, determining the property’s fair market value is essential. This is where professional appraisers come in. Their expertise helps in establishing an accurate valuation, which forms the basis of just... Read More
Real Estate Tax Appeal: Key Differences from Eminent Domain
The real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners…that is the good news, and our firm specializes in representing property owners across N.J. in those types of cases. However, unique situations may arise during a tax appeal that can pose a dilemma for owners. One such... Read More
SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More
SCOTUS Sends Pipeline Eminent Domain Case Back to the District Court
Our blog (and law firm, for that matter) is no stranger to federal pipeline eminent domain cases. Here are some of our prior blog posts about the topic for your reading pleasure. The most recent news comes from the United States Supreme Court in a matter that challenges the Federal Energy Regulatory Commission’s (“FERC”)... Read More
