BLOG: Condemnation Law
Expert’s “Gut Feeling” on Costs Survives Dismissal Claim
An expert witness’s “gut feeling” about the cost of a plaintiff’s construction claim was sufficient to withstand a motion to dismiss according to a recent New Jersey Appellate Division opinion. The holding in Nevins v. Toll Brothers, Inc., has the potential to affect similar motions in real estate valuation litigation such as eminent domain and real estate... Read More
South Carolina: Attorneys' Fees Can't Be "Taken"
Court Holds Appointed Attorneys’ Time is Compensable Property As our colleague from Hawaii, Robert Thomas, recently posted in his excellent blog, inversecondemnation.com, the South Carolina Supreme Court has ruled that an attorney’s services constitute a property right which entitles the attorney to just compensation under the Takings Clause of the Fifth Amendment. An appointed attorney sought removal as appointed counsel... Read More
California Town Tries the Back Door
Organizations Claim National City, CA Now Attacking Businesses through Rezoning Rather than Eminent Domain Following a successful challenge by the Community Youth Athletic Center – a club where teenagers train in boxing and receive tutoring for school classes – to a blight designation, National City, California, has decided instead to rezone the redevelopment area. However,... Read More
Harrison Redevelopment: With Slow Going, Fiscal Health Is Questioned
A recent story by Romy Varghese of Bloomberg News questions the economics of the Harrison redevelopment project, which includes the Red Bulls soccer stadium, a new commuter parking deck adjacent to the Harrison PATH station, and one multi-family residential construction project which is now underway. The article, available here, reports that the Town of Harrison... Read More
Mt. Holly Gardens Project on Hannity Show
Talk Show Host Highlights Property Owners’ Redevelopment Plight Talk show host Sean Hannity aired a segment titled “American Dream Becomes Eminent Domain Nightmare in New Jersey” on his nationally syndicated show. The segment highlights how the threat of eminent domain has been used to acquire property in Mt. Holly, New Jersey, while leaving the remaining... Read More
Morristown's Speedwell Redevelopment Hot Topic In Debate
The Daily Record recently reported on a Town Council candidates’ debate (read the article here) which included lively discussion on the future of the Speedwell Avenue Redevelopment Project. Each candidate had his or her own take on the direction the redevelopment should follow. Several of the candidates opined in favor of improvements to the Early/Spring/Speedwell... Read More
With summer upon us, let's go to the beach…if we can access it.
Local Beach Access Plan Draws Ire of Environmental Groups Environmental groups voiced concerns through postcards and press conferences over proposed rules they claim would restrict rather than enhance access to New Jersey’s beaches. A proposed plan would permit local towns to establish access plans that would be reviewed by the State. The Department of Environmental... Read More
Asbury Park Heads to Arbitration with Redeveloper
Court-ordered arbitration hearings are scheduled to begin in early June under the supervision of retired U.S. District Court Judge Nicholas H. Politan. At issue is whether Asbury Park’s designated redeveloper breached the terms of the redeveloper agreement and is now in default. The original redeveloper, Asbury Partners, lost control of approximately 70 to 80 properties to its lender... Read More
Long Branch Considers Rehabilitation in Lieu of Redevelopment
The City of Long Branch has asked its planning board to examine whether the Broadway Arts, Broadway- Gateway and Beachfront South redevelopment zones could be designated as rehabilitation zones. According to Long Branch Mayor Adam Schneider “The ability to have enhanced zoning and planning and the benefits of it are enormous.” Property owners who spoke at... Read More
Mt Holly Gardens Stay Pending Appeal Continues
On May 10, 2011, the United States Court of Appeals denied an application by the Township of Mt. Holly requesting a modification of lifting of a stay pending appeal which had been imposed imposed by the Court back in March of this year. (Check our prior blog post on the stay by clicking here). The Court of... Read More
