BLOG: Condemnation Law
More from the Shore – Proposed Legislation Seeks to Limit Just Compensation
Owners of property along the Jersey shore continue to be battered, this time by their own elected officials. The New Jersey Senate recently introduced S-2618, which provides: “Just compensation for an easement over a portion of beachfront property condemned for the purpose of dune construction or beach replenishment shall include consideration of the increase in value... Read More
Eminent Domain Bill Clears Senate Committee, Would Update Redevelopment Procedures
Legislation that would rework some of the procedures used by local governments to their redevelopment powers cleared a State Senate committee earlier this week. The bill, S-2447, codifies certain protections to property owners which were decided in court decisions in recent years, and also would provide a negotiation alternative to using eminent domain in local redevelopment... Read More
Hoboken North End Redevelopment Moving Forward
The Hoboken Planning Board recently completed its investigation of a proposed redevelopment area dubbed the North End Redevelopment Area. A full copy of the Study Report is available on the City’s website. Photo courtesy Google maps. As noted in a recent article by Amanda Palasciano of the Hudson Reporter, the next step in the process... Read More
Mortgagee Not Entitled to Bona Fide Negotiations
On February 5, 2012, the Appellate Division published its decision in a condemnation case captioned Borough of Merchantville v. Malik & Son, LLC. The property was acquired by the municipality in connection with an earlier “in need of redevelopment” designation. In short, the Appellate Court affirmed a trial court’s rejection of a “right to take” challenge... Read More
More on Dune Replenishment – Taking Private Property Without Just Compensation
The Borough of Mantoloking is one of several beachfront municipalities that has asked owners of beach-front property to donate their private property to the municipality. A copy of the most recent form of dedication agreement (identified as an easement) is available on the Borough’s website here. The Borough is attempting to force property owners to... Read More
Underwater Mortgage Plan Rejected by County That First Proposed It
Citing lack of public support, the California County that first considered using eminent domain to seize control of private residential mortgage-backed securities with the intent of cutting the principal balances of negative-equity borrowers has publicly announced its decision against that course of action. Under the original proposal, Mortgage Resolution Partners would find institutional investors willing... Read More
Rebuilding After Sandy: Government Assistance At Odds With Private Property Rights
The following quote is attributed to President Ronald Reagan: One example of government assistance post-Hurricane Sandy was the removal of an entire house because it was allegedly in the right of way: Ortley Beach home removed Well, photographic and video evidence proved that the house was not in the right-of-way, but the State removed and... Read More
In the Wake of a Superstorm the Debate Continues – Who Should Pay for the Dunes?
The debate continues – Can government force private property owners to donate their private property for strengthening a dune system for the benefit the general public when the next superstorm hits? Not in the U. S. of A. A recent National Public Radio program discussed the topic and interviewed property owners and government officials. Governor... Read More
Morristown Council Amends Redevelopment Plan for CVS Pharmacy
The Morristown Town Council approved an amendment to the Speedwell Avenue Redevelopment Plan that would permit development of Phase 4 with a stand-alone retail pharmacy at the corner of Spring Street and Speedwell Avenue formerly occupied by an auto dealership and related uses. Indeed, the Town’s website declares the amended plan the “CVS Pharmacy Speedwell... Read More
US Supreme Court: Temporary Flooding May Constitute a "Taking"
Photo courtesy: www.agfc.com Today, the United States Supreme Court issued its unanimous decision in the case of Arkansas Game and Fish Commission v. United States (No.11-597). The Court concluded in a ruling favorable to the property owner “that recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability.” (Slip op.... Read More
