BLOG: Condemnation Law
North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... 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 The federal regulations governing relocation benefits had not seen significant updates in two decades, leading to outdated provisions that no longer...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
As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims
With the 4th of July fast approaching, a New Jersey appellate court issued its opinion in Englewood Hospital v. State of New Jersey. Englewood Hospital v. State of New Jersey. While the case is hot off the press and we haven’t fully digested it, there was no ambiguity about the result: “Considering the arguments and... Read More
Understanding New Jersey Short-Term Rental Laws
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More
DeVillier v Texas – Owner Entitled to Just Compensation in State Court Proceeding
Here’s the short story. Texas Dep’t of Transportation modified a highway adjacent to private property to act as flood protection for property south of the highway. But, every time it rained post-construction, the Property owner north of the highway was flooded as depicted on the image from the Court’s opinion above (right side of photo).... 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
No More Gold for El Dorado County California
A unanimous United States Supreme Court decided in favor of property owner George Sheetz on April 12, 2024. Opinion here: Sheetz v Eldorado. Six months ago, the Court granted certiorari to hear the owner’s complaint about an excessive permit fee of $23,420 (our blog on topic here). The fee was imposed as a condition precedent... Read More
Something Stinks (But Not The Jury Award For Houses Flooded w/ Sewage)
Quick one before heading out for the Easter holiday weekend. Apparently, a Camden County jury recently awarded four property owners over $21,000,000 for damages caused by a flooding event in 2019, which substantially damaged their residential properties. The plaintiffs’ alleged that before the flooding event in June 2019, their properties ranged in value from $350,000... 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
