BLOG: Condemnation Law
No More Gold for El Dorado County California
A unanimous United States Supreme Court decided in favor of property owner George Sheetz on April 12, 2024. Opinion here: Sheetz v Eldorado. Six months ago, the Court granted certiorari to hear the owner’s complaint about an excessive permit fee of $23,420 (our blog on topic here). The fee was imposed as a condition precedent... Read More
Something Stinks (But Not The Jury Award For Houses Flooded w/ Sewage)
Quick one before heading out for the Easter holiday weekend. Apparently, a Camden County jury recently awarded four property owners over $21,000,000 for damages caused by a flooding event in 2019, which substantially damaged their residential properties. The plaintiffs’ alleged that before the flooding event in June 2019, their properties ranged in value from $350,000... Read More
SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court... Read More
Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases. Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction. It’s not technically an eminent domain or condemnation case, but it relates to... Read More
Coney Island Redevelopment: Legal Analysis of the Thunderbolt Roller Coaster Property Rights Case
The Coney Island redevelopment brings forth a significant property rights case from New York that merits careful analysis in the context of eminent domain law. The Thunderbolt Roller Coaster case presents three distinct valuation challenges in partial takings, offering valuable insights for property owners facing similar situations. While this case falls outside NJ redevelopment law... Read More
Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court
On December 4, 2023, a panel of the Appellate Division of the Superior Court of New Jersey published an opinion that adopted the holding of Tyler v. Hennepin County to reject one of appellant’s arguments. The case is captioned 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, and the full text of the opinion is... Read More
Is Preliminary Entry a Taking Requiring Just Compensation?
The Eminent Domain Act of 1971 grants a condemnor a right to “preliminary entry.” The statute provides: “Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests,... Read More
A Primer on Valuing a Condemnation Case: The Sales Comparison Approach
In the typical condemnation case (if there even is such a thing as a “typical” case), the “fair market value” of the property taken, plus any damages to any remaining property is the measure of the award of just compensation. The appraisal profession employs the term “market value” defined as: The most probable price, as... Read More
First Highway Access Case Published In Years – Same As It Ever Was
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More
Illinois Falls in Line With Kirby Forest and Reverses Big Tax Refund
The Illinois Supreme Court filed an opinion on September 21, 2023 in MB Financial Bank v. Brophy (opinion here). In 2018, the property owner filed a complaint seeking a refund for overpayment of taxes on the low-income apartment building known as Evergreen Terrace it operated in Chicago. The property owner claimed that it had... Read More
