BLOG: Condemnation Law
Congressional Committee Adopts Private Property Protection Act Bill
The U.S. House judiciary subcommittee on Constitution and Civil Justice recently passed a bill (H.R. 1944) that is designed to protect private property from eminent domain takings by creating a federal bar to transfers from government to private entities for economic redevelopment. The press release is available here. The bill is entitled the Private Property... Read More
Missouri Supreme Court Enforces Post-Kelo Legislation Limiting Takings for Economic Development
As reported by WatchDog.org, the Missouri Supreme Court recently rejected the Southeast Missouri Port Authority’s attempt to use eminent domain to take private property for use in connection with interstate transmission of North Dakota crude oil. (A copy of the opinion is here). The government intended to take undeveloped Mississippi River water-front property from Velma... Read More
NJ Senate Committee Advances Eminent Domain/Redevelopment Bill
Yesterday the Budget Committee of the New Jersey State Senate favorably reviewed and recommended approval of legislation that would codify important restrictions on the use of eminent domain in local redevelopment projects, and also would provide municipalities with the opportunity to undertake redevelopment projects without using eminent domain. The bill, S-2447, mirrors companion legislation (A-3615)... Read More
NJ Assembly Unanimously Approves Bill Allowing Redevelopment Without Eminent Domain
Yesterday, the New Jersey State Assembly unanimously approved legislation that codifies important redevelopment case-law, and provides municipalities with an option to undertake local redevelopment projects without using eminent domain. The bill, A-3615, sponsored by Assemblymen Coutinho, Bucco and Munoz, has a Senate companion, S-2447, and shares some of the provisions which had been included in earlier legislative... Read More
NJ Supreme Court Hears Arguments On Dune Case
On May 13, 2013, the Supreme Court heard argument in the case of Borough of Harvey Cedars v. Karan. That case is on appeal from an Appellate Division decision, which affirmed a jury verdict awarding the property owners $375,000 as constitutional just compensation for the partial taking of their private beach-front property. The municipality appealed... Read More
Town’s Failure to Treat Property Owner Fairly Leads to Reversal by Appellate Division
A New Jersey appellate court recently reversed a trial court’s dismissal of a tax appeal, and found that the City of North Wildwood failed to act fairly in litigation with the property owner. The property at issue is improved with a seven-story mixed-use tower, a 160-slip marina and a 3900 square-foot marina services building, and... Read More
High Court Declines Hearing on Partial Taking of Cemetery
Last week, the New Jersey Supreme Court denied a petition for certification filed by the Diocese of Camden in behalf of St Mary’s Cemetery in Bellmawr. As reported by the Republic.com, in 2010, the New Jersey Department of Transportation acquired by exercise of eminent domain a six acre parcel owned by the church for its... Read More
Mantoloking (NJ) Contemplates Use of Eminent Domain for Dune Easements
This just in – Mantoloking has decided to use eminent domain to acquire private property for the purported public use of dune replenishment. See articles from CBS News and NJ.com. McKirdy & Riskin’s Tony DellaPelle was interviewed and quoted in the CBS news video about the constitutional issues raised by attempting to require that oceanfront property owners... Read More
Experts’ Opinions Accepted Over Town’s Objections
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax Court accepted each party’s two witnesses as experts, one in real estate appraisal and one in environmental remediation, and admitted their reports into... Read More
Arkansas Fish and Game – Remand Briefs
As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission, may constitute a taking of private property. Therefore, the Court upheld the property owner’s inverse condemnation claim, reversed the Fifth Court’s decision... Read More
