BLOG: Condemnation Law
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
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?
The complex intersection of eminent domain taxation and property rights often creates confusion for property owners facing government takings. When your property is acquired through eminent domain, you may face unexpected tax implications beyond just losing your property. While certain properties like churches and schools may be exempt from eminent domain, most private property owners... Read More
East Orange Resident Faces an Uphill Battle After a Surprise Tax Foreclosure
Buying, owning, and securing property can be one of the most monumental and emotionally taxing periods in a person’s life. As John Adams once noted, “[p]roperty must be secured, or liberty cannot exist.” Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851). These principles are woven throughout the story of... Read More
The Difference Between Eminent Domain and Condemnation: What You Need to Know
While the terms “eminent domain” and “condemnation” are often used interchangeably, the difference between eminent domain and condemnation may come as a surprise to most. Eminent domain refers to the government’s power to take private property for public use, while condemnation is the legal process through which this power is exercised. Understanding these distinctions is... Read More
What Can NJ Property Owners Expect from President Biden’s $1.2 Trillion Infrastructure Bill?
On November 15, 2021, President Joe Biden signed a $1.2 trillion federal infrastructure bill (the “Infrastructure Investment and Jobs Act”) that provides New Jersey with an estimated $12.3 billion in funding over the next five years to revitalize the state’s dilapidated roads, railways, bridges, and tunnels. While widespread infrastructure repair is long overdue in New... Read More
Making Amends: California Decides to Return Bruce’s Beach Almost a Century After the Pretextual Condemnation
In late September 2021, California’s Gov. Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. The property, widely known as Bruce’s Beach, was originally bought by Willa and Charles Bruce in 1912 and quickly became a thriving retreat... Read More
Gym Owner Loses Challenge to COVID Shutdown Order
A New Jersey kickboxing business owner was recently denied compensation for the closure and limitations placed on its business under COVID-19 “shutdown” orders signed by Governor Phil Murphy. The business, JWC Fitness, LLC, based in Franklin, New Jersey, shut its doors in March 2020 in compliance with Murphy’s Executive Order 104, thereby closing its business... Read More
