BLOG: Condemnation Law
Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project
A Federal appellate court ordered this week a halt to the Mt. Holly Gardens redevelopment project while an appeal of a trial court ruling is argued. The appeal concerns the claims by a group of residents who have claimed that the replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project is... Read More
Jury Awards $3.75 Million for Taking of Morris County Diner
A Morris County jury yesterday awarded $3,750,000 to the owner of the Traveler’s Diner in Dover, as just compensation for the taking of its property by the New Jersey Department of Transportation. The NJDOT, which acquired the property in 2008 via eminent domain to improve the intersection of Routes 46 and 15, had originally estimated... Read More
Another Inverse Condemnation Complaint Bounced
A New Jersey appeals court recently affirmed the dismissal of an inverse condemnation complaint filed by a property owner against the Township of Mount Laurel, which asserted that a resolution adopted by the Township amounted to a total regulatory taking of his property. Carroll v. Township of Mt. Laurel, Superior Court of New Jersey, Appellate... Read More
Temporary "Takings" Judgment Remanded
The Appellate Division of the New Jersey Superior Court recently reversed a trial court decision, which had awarded a property owner over a million dollars in damages allegedly caused by an NJDOT road-widening project that interfered with plaintiff’s high-end used car business for over 4 years. Penn Auto Sales of Rte 21, Inc. v. Dep’t of Transportation (Docket... Read More
Proposed Legislation Could Impact Relocation Assistance
Bills introduced in both the Assembly and the Senate would make various changes to the process used when the Office of Administrative Law (OAL) hears a contested case involving certain state agencies. The bill would permit the Director and Chief Administrative Law Judge of the OAL, and administrative law judges (ALJ) to issue oral decisions under... Read More
Can Business Goodwill be Recovered in Eminent Domain Cases?
“Recovering Business Goodwill in Condemnation Cases” was published by the ABA Section of Litigation–Condemnation, Zoning & Land Use Litigation Committee in its Winter 2011 edition. The article examines case law and statutes from across the United States to discuss common exceptions to the general rule that a business may not recover “profits” after its property... Read More
Asbury Park Asks Judge to Cancel Redevelopment Contract
Asbury Park has filed legal papers seeking to cancel its contract with the redeveloper for its waterfront redevelopment project. The two parties appeared in court last week to plead their cases. Asbury Partners claims the matter must go to arbitration under the terms of the agreement, but the City claims that Asbury Partners inability to redevelop... Read More
New Jersey Back on Board with New “Gateway Tunnel” Project?
Amtrak announced it will spend $50 million to study a new Hudson River tunnel project expected to cost $13.5 billion. The two-tunnel “Gateway” project was fast-tracked after New Jersey Gov. Chris Christie canceled a similar rail project last fall. New Jersey’s two United States Senators attended the announcement, and Governor Christie was thrilled that New... Read More
Taking from the Takers? California Budget Would Eliminate Redevelopment Agencies
California’s governor Jerry Brown is proposing to eliminate the over 400 redevelopment agencies that currently exist in California to redirect part of the revenues to other state and local services. The move has brought praise from property rights advocates, but protests from redevelopers and municipalities relying on funding and services that redevelopment agencies provide. The... Read More
Forecast for Central Jersey Redevelopment Projects Balmy
Redevelopers feel that the time is still not right to re-start several stalled redevelopment projects in Central New Jersey. Yet, local politicians who made such projects possible through the redevelopment designation process see these projects as ways to create jobs and tax revenue during the economic down turn, which would spur the local economy. Somerville... Read More
