BLOG: Condemnation Law
PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.” The full text of the opinion is here. By way of recap,... Read More
Cedar Point Nursery – Per Se Taking Found by United States Supreme Court
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday. Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021). The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property. The full... Read More
Arby’s Exception to the Jury View Rule?
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property. A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More
Nearly a Year Later, Is COVID-19 Still a Public Health “Emergency”?
It has been nearly a year since the COVID-19 pandemic has brought unprecedented uncertainty and consequences to our families, businesses, and communities. Government agencies persist with actions to protect the health and safety of the American public. Regardless of whether these actions are necessary or are helping to fight the COVID-19 pandemic, nearly one year... Read More
US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari. Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More
Tax Court: Added/Omitted Assessment Law Does Not Apply to Property Which Loses Exemption
A recent decision by Presiding Tax Court Judge Mala Sundar found that the Added and Omitted Assessment Law did not apply when an exempt property became non-exempt. Instead, the applicable law was the “Exemption Cessation” statute. The basis of this action stemmed from previously tax-exempt property that Centrastate Healthcare Services Inc. (“CHSI”) (a for-profit entity)... Read More
Trials in the Age of COVID/SARS-2
As most New Jersey trial lawyers would know, ^ is a picture of the Hudson County Courthouse, which was built over a century ago. (click here for a detailed history of the building by jerseydigs). It is one of the most impressive and beautiful courthouses in the entire State. It was renamed the William J.... Read More
Functional Units and A New Year
Rolling into a New Year here in Morristown after enduring a 14 day SARS-2/COVID-19 quarantine isolation. Sound familiar? I bet. So, what do condemnation lawyers think of while sitting in isolation? Real estate valuation and property rights issues, of course! With that in mind, here’s a good one: what happens when your client’s private property... Read More
Is COVID-19 “Shutdown” Compensation Due Under Disaster Control Act? And Who Gets To Decide?
An interesting case arose in our home vicinage – Morris & Sussex – involving a small business owner’s challenge to Governor Murphy’s COVID-19 “shutdown” orders. JWC Fitness v. Governor Murphy: The complaint was filed about a month ago and was subsequently dismissed by Assignment Judge Stuart Minkowitz on jurisdictional grounds. Judge Minkowtiz held that jurisdiction... Read More
Taxpayer Appeal Upsets Redevelopment Designation in West Orange
The Appellate Division issued an unpublished opinion on September 11, 2020, in the case of Kevin Malanga v. West Orange. Mr. Malanga is a “resident taxpayer” within the Township of West Orange who appealed the designation of the Essex Green Shopping Center and the Executive Drive Office Park as a non-condemnation “area in need of... Read More
