BLOG: Condemnation Law
Real Estate Tax Appeal Evidence: Admissible in Eminent Domain Case?
A Kansas property owner recently challenged the $7.5 million award of court-appointed appraisers in an eminent domain matter, only to have the award reduced to $6.95 million at trial based on evidence of the property’s value from a prior tax appeal. The owner, KC Mall Associates, filed a motion before the trial began to prevent... Read More
Greetings from Asbury Park! Courts Deny Property Owners' Request for Takings
Photo courtesy of www.beebeegrace.blogspot.com On March 26, 2012, the Appellate Division wrote another chapter in Asbury Park’s redevelopment book, where the final and unwritten chapter conjures images of the City’s ‘glory days’ pictured above. City of Asbury Park v. Springwood Lake, LLC. Without recounting the entire Asbury Park redevelopment history, the short course in this case... Read More
Property Owners’ Prayers Answered by Supreme Court in Sackett Case
Property owners Michael and Chantell Sackett of Priest Lake, Idaho fought the law, and surprisingly, they won. On March 21, 2012, the Supreme Court of the United States – in a unanimous decision – sided with the property owners in determining that the property owners had the right to challenge an Environmental Protection Agency (EPA)... Read More
New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain
Today’s Daily Record featured this article by reporter Cara Townsend which highlighted Todd Kuehm, a fourth generation New Jersey farmer, and his fight against the Township of Montville’s use of eminent domain on his 28 acre farm. The article covers the history of the litigation from the Township adopting ordinances which denied him the ability to install a... Read More
House Passes Anti-Kelo Eminent Domain Bill
The United States House of Representatives this week passed bipartisan legislation that proposes to withhold for two years all federal development funding to states or local governments that take private property for economic development. The bill, labeled the Private Property Rights Protection Act (H.R. 1443), also bars the federal government from using eminent domain for... Read More
Thomas Edison Battery Building Moving Towards Redevelopment
The Thomas Edison Battery Building in downtown West Orange is moving closer to being redeveloped. According to Karen Yi of the West Orange Patch, the Council passed two ordinances on first reading and a resolution authorizing issuance of bonds to pay for the municipality’s share of the development costs. Some residents voiced concerned about the... Read More
Eminent Domain Abuse Sign is Protected Speech
The United States Supreme Court declined to review a lower court’s decision which held that part of an ordinance adopted by St. Louis, Missouri, to force the removal of a sign protesting eminent domain violated the property owner’s First Amendment right to free speech. In 2007, the property owner commissioned a 360-square-foot mural which proclaimed... Read More
DuPont to Redevelop Pompton Lakes?
As reported in NorthJersey.com, Pompton Lakes leadership is contemplating whether to demolish every single building in the central business district fronting on Wanaque Avenue. The concept would be to build multi-story buildings with 400 units above street-level retail uses. However, it appears that the plan is contingent upon DuPont coming to the table and cleaning... Read More
Buonocore Named Eminent Domain Lawyer of the Year
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named McKirdy & Riskin’s John H. Buonocore, Jr. as the “Newark Area Best Lawyers Eminent Domain and Condemnation Lawyer of the Year” for 2012. Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer... Read More
Appellate Division Gives Train Case One-way Ticket Back to ALJ with Remand
Norfolk Southern Railway Company petitioned the New Jersey Department of Transportation for authorization to acquire the neighboring property owned by Intermodal Properties, LLC, by eminent domain after the property owner refused an arms-length sale. Railroads, as a public utility, can receive authorization under N.J.S.A. 48:12-35.1 once they show that the land is needed for a... Read More
