BLOG: Condemnation Law
Eminent Domain Moves from Front Page to Big Screen
The use and abuse of eminent domain has grabbed headlines across the country after the United States Supreme Court released its 2005 opinion in Kelo v. City of New London. Now eminent domain is taking over the big screen, with two movies focusing on the impacts that eminent domain can have upon a neighborhood and... Read More
Stimulus Bill Analyzed by New Jersey Future
Summary Released on Effectiveness of New Jersey Stimulus Legislation to Aid Redevelopment A summary released by a New Jersey think tank makes suggestions on how to improve Assembly Bill 4084 which was adopted by the Legislature in 2009. The bill, available here in its pamphlet law form, sought to improve New Jersey’s economic climate through... Read More
Mount Holly Gardens Redevelopment Challenge on Appeal
Mount Holly Gardens residents appeal federal court ruling in effort to stop redevelopment project. http://ping.fm/ba2b9 Related Articles Mt. Holly Gardens Project Survives Discrimination Claim (njcondemnationlaw.com)... Read More
Broker Denied Right to Intervene in Condemnation Case
Brokerage Fee Issue Considered “Peripheral” A trial court’s decision to deny a real estate broker’s motion to intervene into an existing condemnation action to argue for a brokers fee was affirmed after the Appellate Division found “those issues have nothing to do with adjudicating the fair market value of the property as determined by the... Read More
Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice
Redevelopment Notice Statute Upheld as Constitutional on Appeal Despite categorizing certain notice provisions in New Jersey’s redevelopment statute as “spotty and incomplete” based upon the 2008 decision in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), the New Jersey appellate court recently upheld the method by which planning boards must... Read More
Late Claim Allowed in Zoning Dispute
The New Jersey Supreme Court reinstated a dismissed complaint after finding that the forty-five day statute of limitations in R. 4:69-6(b)(3) should be enlarged because “‘it is manifest that the interest of justice so requires.’” The facts were undisputed. In May 2008 the Hopewell Township Planning Board granted preliminary site plan approval for a development... Read More
Eminent Domain Reform Legislation Fails in NJ Senate
Last week, the New Jersey Senate failed to adopt the latest version of Senate Bill 1451 after the bill’s sponsor requested the bill be pulled with support from only 13 senators. The bill would redefine the term “blight” based on the New Jersey Supreme Court’s 2007 opinion in Gallenthin Realty Development Inc. v. Paulsboro, 191 N.J.... Read More
ARC Tunnel Costs Continue to Mount
Report: ARC Tunnel costs already spiralled before project cancellation. http://ping.fm/Q0CWc... Read More
New transportation plan unveiled
Governor Christie unveils 5 year transportation plan: http://ping.fm/3e6fb... Read More
Mt. Holly Gardens Project Survives Discrimination Claim
Federal Court Finds No Disparate Impact on Low Income Property Owners Replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project does not constitute disparate treatment if all its residents, not just minorities, cannot afford to stay according to U.S. District Judge Noel Hillman. In an opinion released on... Read More
