BLOG: Condemnation Law
NJ Supreme Court to Hear Two Eminent Domain Cases
Two potentially significant eminent domain cases are set to be heard by the New Jersey Supreme Court. At the heart of these cases is the public use doctrine rooted in the U.S. Constitution and the New Jersey Constitution. Let’s see how these cases could impact the government’s use of this constitutional power. Township of Jackson... Read More
Can The Government Use Eminent Domain To Take Property Already Devoted To A Public Use?
When you think about eminent domain, you probably imagine the government taking private property for highways or schools. But what happens when the property being taken is already serving a public purpose? This complex legal question affects property owners across New Jersey and requires understanding the delicate balance between competing public interests. The Fifth Amendment... Read More
Who Are the Key Parties in a Condemnation Lawsuit?
When the government takes private property through eminent domain, it triggers a legal process called condemnation. A condemnation lawsuit involves multiple parties, each with specific roles and rights. Understanding who these parties are helps property owners and government agencies navigate this complex legal terrain. The Main Players in Every Condemnation Lawsuit Condemning Authority (Plaintiff) The... Read More
N.J. Appellate Court Blocks Town from Stopping Affordable Housing Project
If you have been following our blog, you are probably aware of the difficulties that property owners face when fighting the government’s taking of private property. In many instances, Courts defer to the government’s asserted purpose, necessity, and procedural conduct for a proposed taking. However, as demonstrated by a recent decision from an N.J. appellate... Read More
Property Owner Entitled to Compensation After Foreclosure Sale
The New Jersey Superior Court, Appellate Division delivered a landmark decision that protects property owners’ rights to surplus equity after foreclosure sale. In Johnson v. City of East Orange, the court reversed a trial court ruling and affirmed that property owners must receive compensation when municipalities keep proceeds exceeding unpaid taxes. This groundbreaking case demonstrates... Read More
U.S. Circuit Court Upholds the Requirement of Just Compensation to Landlords from COVID Eviction Moratoriums
On June 6, 2025, a U.S. federal appeals court ruled that the U.S. government may have to face property damage claims by landlords from a COVID-era eviction moratorium. In the case Darby Development Company Inc. et al. v. United States, No. 22-1929, residential property owners sued under the 5th Amendment’s Takings Clause which prevents the... Read More
No One is Safe! Chicago Suburb Aims to Buy – or Take – Pope Leo XIV’s Childhood Home
In early May, Robert Prevost was introduced to the world as Pope Leo XIV, the first American Pope. Pope Leo was raised in the small suburb of Dolton, Illinois, where his family resided for nearly 50 years. Following the pontiff’s recent introduction, Dolton has now made it clear that intends to acquire Pope Leo’s childhood... Read More
15 States Sue Trump to Stop Fast-Tracked Energy Expansion
On the first day of President Trump’s second term, he signed Executive Order 14156, entitled “Declaring a National Energy Emergency.” That EO directs the heads of executive departments and federal agencies — including the United States Army Corps of Engineers, the Department of Interior, and the Advisory Council on Historic Preservation — to issue permits... Read More
Just Compensation Example: What a Condo Developer’s Court Win Teaches Property Owners
When the government takes property, most owners already know they’re entitled to something. But what happens when two parties both hold a legitimate interest in the same property? And who decides how the money gets divided? This just compensation example from a 2024 North Carolina Supreme Court case offers a surprisingly clear answer, and the... Read More
Fourth Circuit Reverses Summary Judgment in Favor of Pipeline Company
This case serves as a reminder that the client usually knows more about their property that anyone else. Don’t hesitate to put them on the stand! The Fourth Circuit issued an opinion on January 27, 2025 in Mountain Valley Pipeline, LLC v. 0.32 ACRES OF LAND, Owned by Grace Minor Terry. Full opinion here: Mountain Valley... Read More
