BLOG: Condemnation Law
No "Temporary Taking" of Private Property in Long Branch
On October 11, 2012, the Appellate Division issued an opinion affirming dismissal of a property owner’s temporary taking claim. Hoagland v. City of Long Branch (A-0358-11T2; A-1583-11T2). Absent successful petition for certification, so ends another chapter in Long Branch’s long history of redevelopment. Before getting to the opinion, it must be noted that the only... Read More
NJ Appellate Court Affirms Right to Condemn
Yesterday, the appellate division affirmed a trial court decision that rejected a property owner’s request to dismiss a condemnation action on the grounds that the State failed to engage in bona fide negotiations. State, DOT v. St. Mary’s Church (Docket A-5448-10T1). The property owner argued that dismissal was warranted because the State failed to follow... Read More
California Appellate Court Reverses Property Owner Victory in Condemnation Action
The Sixth District of the California Appellate Court recently reversed a trial court opinion dismissing a condemnation action and awarding legal fees. San Benito County v. Hollister, Inn (Docket CU-06-00051& CU-06-00054 September 19, 2012). Following a trial on the County’s authority to use eminent domain (“right to take”), the court found that the County had “committed... Read More
New Jersey Beach Replenishment Saga Continues, This Time in Sea Bright
A state appellate court has ruled that a private beach club in Sea Bright, New Jersey, has to open its entire beach to non-members. The decision in Chiesa v. D. Lobi Enterprises, Inc., Docket No. 6070-09T3 (September 28, 2012) (opinion available here) is the latest chapter in a story that has been unfolding for nearly 20... Read More
Texas Court: Canadian Oil Company Can Use Eminent Domain in Texas
Following a recent Texas Supreme Court decision that limited the ability of pipeline owners to condemn property under certain circumstances, a group of property owners in Texas lost their fight to keep a Canadian oil company, TransCanada Keystone Pipeline, from taking their property as part of a 4,000 mile pipeline project. The landowners are... Read More
Supreme Court Limits Right to Pursue Polluters
Yesterday, the New Jersey Supreme Court affirmed a decision from the lower courts that had dismissed an action brought by the New Jersey Dep’t of Environmental Protection against a property owner for an alleged spill. NJDEP v. Dimant (A-2-11, September 26, 2012). A link to the full text of the opinion is here. This decision is... Read More
Eminent Domain to Save Property Owners from Foreclosure?
Will eminent domain be allowed to seize “underwater” mortgages? Opposing viewpoints appear to be coming up every day: A recent National Law Journal blog suggested that the practice would be legal and according to its title: “Eminently Reasonable.” Dana Berliner is the head of Litigation at The Institute for Justice and a direct link to... Read More
Court Rejects Property Owner’s Unverified Sales Evidence at Trial
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property. The judge... Read More
New Jersey Beach Replenishment Town Seeks End Around In Federal Court
In follow-up to our blog posting of May 8, 2012 (LBI Town Forum Shopping to Avoid Paying Just Compensation?): Long Beach Township is continuing in its attempts to adjudicate their beach-front property acquisitions into federal court. According to a recent report from APP.com, the township seeks to adjudicate the takings cases in federal court because “federal courts recognize... Read More
NJDOT Victory Reversed on Appeal
Earlier this week, the Appellate Division issued an opinion reversing a Law Division decision that held a property owner was barred from claiming that NJDOT failed to specifically perform as promised in a written settlement agreement. State, Commissioner of Transportation v. Delucca (Docket No. A-3129-10T1). A copy of the opinion may be found here. Photo... Read More
