BLOG: Condemnation Law
LA Considers “Buying” Private Apartment to Fight Soaring Rent Prices
In late May 2022, the Los Angeles City Council directed the city to make a formal offer on a 124-unit housing development where the landlord raised rents by up to 300 percent. Residents of the Hillside Villa Apartments (“HVA”) at 636 N. Hill Place have lobbied since 2020 for Los Angeles to use the power... Read More
Redevelopment Plan Approving Grocery Store Use Upheld on Appeal
Last Friday, a two-judge panel of the Appellate Divison issued a Per Curiam opinion in Meredith v. Mayor and Council Borough of Somerdale (A-1933-20) and “affirm[ed] substantially for the cogent reasons expressed by Judge Silverman Katz in her thorough written decisions.” Slip op. at 16. Full text of the opinion is available here. This case... Read More
10 Questions to Ask an Eminent Domain Attorney
Eminent domain is the inherent right or power of the government to “take” private property for public use. When confronted with this power, it is easy for property owners to feel overwhelmed or confused by the process. Retaining reliable and experienced eminent domain counsel is the single most effective way to protect your property rights... Read More
Fear of Taking and Allegations of Conspiracy Not Enough to Stop Redevelopment Designation
This recent Third Circuit Court of Appeals opinion stemmed from the district court’s dismissal of Plaintiff’s Complaint in Lieu of Prerogative Writ. Merrick Wilson, Academy Hill, Inc., and River Valley Heights Corp. (“Plaintiffs”) brought this action challenging the City of Lambertville’s resolution (100-2018) declaring an area that included Plaintiffs’ property as “in need of redevelopment.”... Read More
Appellate Division Affirms Town’s Right to Take Redevelopment Property
In New Jersey, redevelopment designations are often a precursor to the government exercising its eminent domain power. However, in order for the government to use eminent domain, it must first obtain a final judgment from the court authorizing the “right to take.” On April 6, 2022, in Lindenwold v. Jackson, et al., the Appellate Division... Read More
Can You Fight Eminent Domain?
Eminent domain is the inherent right or power of the government to “take” private property for public use. In New Jersey, the State is vested with the power of eminent domain as an attribute of sovereignty. The legislature can also delegate this power to other agencies and arms of the government, such as counties, municipalities,... Read More
N.J. District Court: Jersey City’s Limit on Short-Term Rentals is Constitutional Under the Takings Clause
Home sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties. Using these platforms, individuals may lease or sublease their properties for a short-term period of days, weeks, or months at a time. In 2015, Jersey City passed an ordinance affirmatively permitting... Read More
SCOTUS Declines to Hear Dakota Access Pipeline Case
Image courtesy of researchgate.net With over 7,000 requests for review per year, the Supreme Court of the United States has its hands full and hears only about 100-150 cases in a given year. One case that recently did not make the cut was an appeal submitted by the operator of the Dakota Access Pipeline... Read More
Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado
We often think of eminent domain as the inherent power of the government to take private land for a public purpose. But what about when one sovereign entity intends to take land from another? Let’s look at a recent interstate taking story from the Nebraska-Colorado border, where Nebraska Governor Pete Ricketts plans to use Nebraska’s... Read More
How Can A Taking By Eminent Domain Affect Your Taxes?
Having your property taken from you against your will can be difficult by itself, but losing your property and paying additional taxes after the property is taken is a harsh reality that many property owners face when confronted with eminent domain. In a prior blog post, we explained that the government has the inherent right... Read More
