BLOG: Condemnation Law
Paying the Pied Piper: Third Circuit Court of Appeals Court Rules That State Law Applies in Federal Eminent Domain Suit
In TENNESSEE GAS PIPELINE COMPANY, LLC v. PERMANENT EASEMENT FOR 7.053 ACRES, et als, the United States Court of Appeals for the Third Circuit faced an issue of first impression, and held that State eminent domain law must be applied in federal takings matters. Tennessee Gas Pipeline Company, a private utility corporation, holds a certificate... Read More
Non-Residential Development Fees: the Plain Language Confirms
The New Jersey Tax Court recently determined 1) whether a subject property was improved for the purposes of calculating the Non-Residential Development Fee (“NRDF”)(N.J.S.A. 40:55D-8.1 to 8.7) and 2) the correct date to use when determining the preexisting value of the subject property for the purposes of computing the NRDF owed. The NRDF is applied... Read More
Exempt From Taxes? Not if You Fail to Answer the Chapter 91 Request!
A New Jersey appellate court recently affirmed a Tax Court decision dismissing Alcatel’s complaint, which challenged the 2015 denial of a farmland assessment because Alcatel failed to respond to the tax assessor’s request for Chapter 91 data. NJSA 54:4-34 (“Chapter 91”) requires every real property owner “on written request of the assessor to render a... Read More
TAKE THAT!! N.J. Legislature and Governor Fire Back at Recent Judicial Decisions Critical of Land Banking Processes
Last week, Governor Phil Murphy signed the “New Jersey Land Bank Law”, which now allows municipal agencies in New jersey to create “land banks” and “land banking” agencies to address and potentially revitalize “vacant, abandoned, and other problem properties” within their boundaries. This law, P.L. 2019, c. 159, takes effect immediately, and appears to be... Read More
Knicks Win Big in Court, and on Court
Last week ended with big takings news for Knicks in both Pennsylvania and New York. In New York, the Knicks professional basketball team “took” former Duke University star R.J. Barrett with the third pick in the NBA draft. Barrett is thought by many to have been the best all around prospect in the draft, and... Read More
Appellate Court Affirms Favorable Owner Verdict Where Owner Did Not Present Appraisal Expert
The Appellate Division recently affirmed a judgment awarding a property owner $4,500,000 where the only appraisal expert testimony was the condemning agency’s expert, who opined that the property in question was only worth $2,830,000. The case was captioned Township of Manalapan v. Gentile and was commenced in August of 2010 to acquire a 45 acre... Read More
The App. Div. Says: “No Veteran’s Exemption Upon Remarriage”
The Appellate Division reversed the Tax Court’s judgment conferring a military veteran’s exemption for tax year 2016 as the surviving spouse of her first husband (an honorably discharged, decorated Vietnam veteran who qualified for an exemption) who remarried. The spouse’s exemption qualifies only during widowhood related to the death of the qualifying husband. This right... Read More
Appellate Court: Mobile Home Park Can Satisfy Affordable Housing Obligation
A New Jersey appellate court recently held that a municipality may use its eminent domain powers to seize a mobile home park in order fulfill its affordable housing obligation. The matter involved the taking by the Township of Robbinsville of a mobile home park owned by defendant, Mercer MHC, LLC, which contained approximately 14 acres... Read More
App. Div. To Condemnors: Is This Really Necessary?
A recent New Jersey Appellate Division case focused upon the showing of necessity that a municipality or agency must make to condemn property located in a redevelopment zone and take it from its owners. The panel reversed the trial court’s decision allowing the Borough of Glassboro (“Borough”) to acquire Defendant’s (Jack Grossman, Matthew Roche and... Read More
Does Eminent Domain Require Compensation? Key Facts You Should Know
Does eminent domain require compensation? This is a critical question for property owners facing the possibility of government seizure of their land. Eminent domain is a powerful tool used by the government to take private property for public use, but it comes with complex legal implications. Understanding whether you are entitled to compensation, and how... Read More
