BLOG: Condemnation Law
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
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
