BLOG: Condemnation Law
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
Asbury Park Settlement Rejected
City’s Misconstrued Settlement to Property Owners’ Not Enforceable A New Jersey appeals court recently held that a settlement allegedly reached with a property owner in the Asbury Park oceanfront redevelopment area was not enforceable. Asbury Partners, as the master redeveloper of Asbury Park’s waterfront redevelopment area, had requested that the City condemn certain properties which it was unable... Read More
New Jersey Residents Voice Redevelopment Project Concerns
Residents of Hamilton, New Jersey, and Camden, New Jersey, voiced the same concern about redevelopment projects at their respective city council meetings this week: Promise that you will not take our properties through eminent domain. In Hamilton, where the redevelopment area in question encompasses 1,000 acres and 191 properties, council members have previously stated that... Read More
Should New Jersey's Eminent Domain Laws Be Bulldozed?
Rutgers Law Review article urges redevelopment reform A recent article in the Rutgers Law Review calls upon the New Jersey Legislature to adopt meaningful eminent domain and redevelopment law reform in the wake of the 2005 decision of the United States Supreme Court in Kelo v. New London. The article, entitled “Toward Successful Urban Revitalization: Why New... Read More
New Jersey Lawmakers Adopt Measure to Protect Developers
New “Time of Application” Law Prohibits Municipalities from Rezoning During Development Application Process New Jersey’s Legislature has revised the Municipal Land Use Law to remove the ability of municipalities to revise zoning codes in an effort to thwart development applications the municipality opposes but which otherwise comply with local zoning laws. Previously, it was not unusual... Read More
Failure to Exhaust Administrative Remedies Torpedos Case
A New Jersey appellate court recently affirmed a lower court’s dismissal of a civil rights/due process claim by a Somerset County property owner who alleged that it was denied the right to develop its acreage in Millstone Borough over the course of several years where efforts to develop the property were stalled. Rezem Family Associates... Read More
