BLOG: Condemnation Law
New Jersey’s Stance on Eminent Domain Since Kelo v. New London
The United States Supreme Court’s ruling in Kelo v. City of New London in 2005 served as a wake-up call for eminent domain usage and abuse, as the Court affirmed that, depending upon any state or local laws to the contrary, it was and is permissible for government agencies to seize private property as a... Read More
Sales Approach Rejected in Valuing Rental Property
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal. The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More
Morristown Booming with Redevelopment
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More
Court of Claims Awards Leaseholder Awards $170M After Inverse Condemnation Trial
A quick hit – The United States Court of Federal Claims recently awarded two leaseholders over $170M for the taking of their leasehold interests at Dallas Love Field Airport. A full copy of the long opinion is here. The nascence of the claim goes all the way back to construction of the Dallas-Forth Worth International Airport... Read More
Adoption of Rehabilitation Plan in Woodbridge Not A Taking (D.N.J.)
From the United States District Court comes a new opinion from Judge Chesler, but there’s nothing new in the precedent cited denying a property’s owner’s claim of “inverse condemnation.” Simply stated, an inverse condemnation case is a procedure for a property owner to secure just compensation where government has taken private property for public use... Read More
NJ Sports Authority Threatening to Take Municipal Landfill
The NJ Sports and Exposition Authority, which runs the Meadowlands’ Sports Complex; New Jersey’s horsetracks; and now the former New Jersey Meadowlands Commission (itself the successor to the Hackensack Meadowlands Development Commission); recently advised the Town of Kearny that it intends to seize the Keegan Landfill by eminent domain. It appears that NJSEA has... Read More
Appraiser’s Lack of Support for Adjustments Once Again Dooms Taxpayer’s Appeal
Despite presenting an expert witness at trial, another taxpayer failed to convince the NewJersey Tax Court that its property was over assessed. In Arteaga v. Wyckoff, the taxpayer challenged the original assessments of a single-family home for tax years 2012, 2013, and 2015. Wyckoff underwent a revaluation for tax year 2015. The taxpayer filed appeals... Read More
Relevant Parcel Question on the U.S. Supreme Court Docket for 2016
Last week, the Court granted a cert. petition, which presented the following question: “In a regulatory taking case, does the “parcel as a whole” concept as described in Penn Central Transportation Company v. City of New York, 438 U.S. 104, 130-31 (1978), establish a rule that two legally distinct, but commonly owned contiguous parcels, must... Read More
2016 ALI CLE Eminent Domain Conference Around the Corner
This year’s version of the annual ALI CLE Eminent Domain and Land Valuation Conference is just around the corner, and promises to be another good one. The conference will be held in Austin, Texas, includes soup to nuts coverage of the hottest issues in eminent domain law from around the country, and offers prime networking... Read More
Challenge to Redevelopment Bonds Untimely
The New Jersey Supreme Court recently affirmed dismissal of a property owner’s challenge to a municipal ordinance that authorized issuance of $6.3M in municipal bonds to fund redevelopment of the famous Edison Battery Building in West Orange, N.J. Opinion here. The owner’s group filed their challenge 53 days after final publication of the bond ordinance.... Read More
