BLOG: Condemnation Law
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
Property Damaged By Sandy? Here’s What to Expect if FEMA Inspects the Property
If you have real estate that was damaged by Hurricane Sandy, and have made or plan to make a claim to FEMA for storm-related payments or benefits, you should be aware that applying for disaster-related assistance will trigger an inspection by FEMA personnel. While many affected by the storm may only have limited access to... Read More
Morris Street Redevelopment Plan Adopted
Following up on our blog entry from two weeks ago, the Morristown Council adopted the Morris Street Redevelopment Plan on November 1, 2012. A full copy of the Redevelopment Plan is available on the town website here. Next step is for the Town to appoint a redeveloper and then negotiate a redevelopment agreement as approved... Read More
Hurricane Sandy and the Dune Replenishment Dilemna
Along with the destruction of thousands of homes and the devastation of the State’s power-grid (yours truly remains without power 12 days later) Hurricane Sandy’s super-storm surge has brought to the collective conscience the long running debate about who should pay for a public improvement project. Those following our blog will recall that the Army... Read More
Morristown Morris Street Redevelopment Moving Along
After a relatively long hiatus, it appears that the Morris Street Redevelopment Plan is on the road towards adoption. As recently reported in the Morristown Patch, the Council introduced an Ordinance to adopt the plan at its October 11, 2012 meeting, and it should be on the Morristown Redevelopment Agency Agenda for November 11, 2012. As... Read More
Mount Holly Residents Praying for Supreme Relief
NJ.com reports that the Mount Holly Gardens Citizens in Action has asked the U.S. Supreme Court to hear their case that claims municipal redevelopment activity has resulted in discrimination in violation of the federal Fair Housing Act. Statistically, its unlikely that the nation’s high Court will take the case, but the residents remaining at the... Read More
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
