BLOG: Condemnation Law
Cal App Ct Denies Pre-Condemnation Damages
A California Court of Appeals panel recently reversed a trial court decision which was favorable to a property owner in Dep’t of Transportation v. McNamara. The issue on appeal was limited to whether the property owners were entitled to pre-condemnation damages as a matter of law. The trial court awarded the property owner pre-condemnation damages in... Read More
Underwater Mortgage Plan: Will it Sink or Swim?
It has been several months since we last reported on the scheme to use eminent domain to seize “underwater” mortgages in various places around the country. It appeared that the idea died out earlier this year, but it has recently come back with a vengeance. In recent weeks, several California cities have advanced efforts to... Read More
N.J. Supreme Court Opines on Prior Public Use Doctrine in Railroad Case
On August 6, 2013, the New Jersey Supreme Court issued its opinion in Norfolk Southern Railway Co. v. Intermodal Properties (available here). The Court’s opinion was limited to analysis of two narrow issues; 1) whether the proposed use is incompatible with the public interest; and 2) whether the term “exigencies of business” limited the railroad... Read More
Property Owner is Injured But Has No Remedy at Law
Berardi I (Tp of Pemberton v. Berardi, 378 N.J. Super 430 (App. Div. 2005)). On September 30, 2002, the Township of Pemberton commenced a condemnation action to acquire property owned by the Berardis within a designated redevelopment zone in the municipality. Contemporaneous with the commencement of the action, the Berardis filed an applications with the... Read More
Property Owner's Challenge to Montclair Redevelopment Plan Denied
On July 26, 2013, the Appellate Division issued an unpublished opinion in Grabowsky v Township of Montclair. In May 2012, the Township adopted an ordinance amending a redevelopment plan to permit an assisted-living facility on the Church Street site. Grabowsky filed an action challenging the ordinance adoption, which was rejected by the Law Division in... Read More
Atlantic City Revel Hotel and Casino Redevelopment Keeps Residents Moving
The Casino Reinvestment Development Authority has been slowly acquiring private property through exercise of eminent domain to “redevelop” the areas near the year-old Revel Hotel and Casino. According to a recent article by the Standard Times Go San Angelo, the redevelopment has progressed slowly because revenue from the Revel was supposed to fund a $50... Read More
Karan and Dune Replenishment: Where Do We Go From Here?
Last week, the New Jersey Supreme Court threw its hat into the ring in the controversy between New Jersey’s municipalities and beachfront property owners regarding the construction or replenishment of sand dunes to protect the shore from future storms. This dispute has been going on for years, but has become front page news since Superstorm... Read More
NJ Supreme Court Erodes Special Benefits, Like the Dunes
This morning, the New Jersey Supreme Court has issued its much-anticipated decision in the dune replenishment case, Borough of Harvey Cedars v. Karan, which was argued this May. A copy of the decision is available here. This opinion is hot off the press and we are reading it now, but the Court has reversed the... Read More
Appellate Court Gives Property Owner and State Second Chance
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial. The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More
Government Can’t Make Developers "Show Them the Money"
Big Win For Property Rights in US Supreme Court Yesterday, the United State Supreme Court issued a decision which has caused property rights advocates and developers to rejoice, and is likely to become a historic property rights precedent for years to come. The 5-4 decision in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (copy... Read More
