BLOG: Condemnation Law
Experts' Valuation Arguments Rejected as Net Opinion in Hoboken Taking
Hudson County Assignment Judge Peter Bariso recently rejected a property owner’s argument that the date of value should be a date earlier than the commencement of condemnation action on August 23, 2012. City of Hoboken v. Ponte Equities, Inc. (Docket No. HUD-L-4095-12). The property owner argued that the date of value should have been June... Read More
Undersized Lot Receives Variance From Court to Avoide Inverse Condemnation Claim
While not our prototypical condemnation case, a trial judge in Ocean County aptly reversed a local zoning board in Jerman v. Tp. of Manchester (Docket No. OCN-L-1844-13). If affirmed the zoning board’s denial of a bulk variance that would have zoned the property into inutility; that is, it would have rendered the property valueless and would thereby... Read More
Beach Erosion Caused by Jetties May Constitute a Taking
The latest in a long-running dispute between the U.S. Army Corps of Engineers and lake-front property owners in Michigan, whose beaches have allegedly been washed away because of jetties installed by the Army Corps long ago, is a ruling from the United States Circuit Court of Appeals for the Federal Circuit that the takings’ claims... Read More
Taking Underwater Mortgages: Condemned to Failure?
Taking Underwater Mortgages: Condemned to Failure? Check out this post from our own Anthony DellaPelle which was just published in the American Bar Associations “In Limine” Blog. This story comes close to home to us in New Jersey as the cities of Newark and Irvington are currently studying the feasibility of using eminent domain to... Read More
NJ Supreme Court Adds Two Redevelopment Related Cases to Docket
The first case is In re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange. The certified question: “Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to... Read More
NJ's Post-Sandy Planning Questioned on Video
As Warner Wolf used to say, “let’s go to the video tape!” NJ.com video of Post-Sandy infrastructure planning process. While it may be understandable why New Jersey political leaders are not rushing to New York for answers to the problem, it would be in our best interests if they did look towards the Kingdom of... Read More
Gideon's Trumpet Continues to Sound
Gearing up for 2014, I came across a good read in a web magazine published by the International Right of Way Association. The article is a conversation with a “Fierce Advocate for Just Compensation” – Gideon Kanner, Esq. Kanner is a professor of law emeritus at Loyola Law School in Los Angeles, and is our... Read More
Rails to Trails Case on Supreme Court Docket
Signing off on 2013 and looking towards 2014, an interesting case with property rights implications is scheduled for argument before the United States Supreme Court on January 14, 2014. The case is captioned Marvin M. Brandt Revocable Trust v. United States. The Court certified the following question for briefing and argument: “This case involves the... Read More
New Jersey Dipping Its Toes Into Underwater Mortgage Pool?
This week, two separate New Jersey related stories surfaced regarding the potential use of eminent domain to seize “underwater” mortgages. First, the city of Newark has indicated that it will begin researching the viability of a plan to condemn troubled mortgages in an effort to allow struggling homeowners to stay in their homes. Newark is... Read More
Arkansas Game Remand Equals Just Compensation for Property Owner
Almost a year to the date after the Supreme Court issued its opinion in Arkansas Game and Fish Commission v. United States, the Circuit Court of Appeals for the Federal Circuit found that the governmental taking caused by an Army Corps controlled flooding program was compensable. The Circuit Court “affirm[ed] the judgment of the Court... Read More
