BLOG: Condemnation Law
The Distinction Between the Government’s “Police Power” and the Power Of “Eminent Domain”
There is a common misconception that the government’s “police power” is synonymous with its power of “eminent domain.” This blog aims to dispel any confusion by explaining the distinction between the two terms. Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme... Read More
Real Estate Tax Appeal: Key Differences from Eminent Domain
The real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners…that is the good news, and our firm specializes in representing property owners across N.J. in those types of cases. However, unique situations may arise during a tax appeal that can pose a dilemma for owners. One such... Read More
Oklahoma! (Childers v. Arrowood)
“Where the wind comes sweepin’ down the plain….” Wait, nope, that’s for another blog. Another strange takings case from our Owners Counsel of America colleague Robert Thomas, as reported in his Inverse Condemnation Blog (God only knows how he finds these cases!) This one comes from the Oklahoma Supreme Court and involves the taking of... Read More
Sunday Thoughts on Jury Selection
20th Century Fox. It’s a rainy Sunday here in Morristown three days removed from completing my second live jury trial post-Covid. Glad to say the jury rendered a verdict in favor of the property owners. I should say former property owners because it was a condemnation valuation trial. That means the jury was called on... Read More
Tejas Motel v City of Mesquite – Fifth Circuit Court of Appeals
2023-3-22 Tejas-Motel-L-L-C-v-City-of-Mesquite-No-22-10321-5th-Cir Catching up on some recent takings cases (after watching Jury Duty for a week. LOL). The Fifth Circuit determined that a property owner could not “relitigate a takings claim in federal court that was previously dismissed in state court.” Full text of opinion above. The owner operated a small motel in the City... Read More
SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More
Jury Duty – Hillgrove v. Morris (Comic Interlude)
Official trailer – Amazon Prime TV. It’s Sunday, wrapping up trial preparation for a bench trial tomorrow, and wanted to take a brief detour from our regularly scheduled programming. I watched the entire season of Jury Duty (the show) this past week and finished it last night. Oh my god, it is must-see TV, especially... Read More
Sackett et ux v Environmental Protection Agency
Sackett et ux (“and wife”) versus Environmental Protection Agency. Classic David v. Goliath matchup. Good thing the property owner couple had the Pacific Legal Foundation on their side. PLF scored two wins on the same day at the High Court – unprecedented? I don’t know, but rare air no doubt. The Sacketts purchased property near... Read More
Supreme Court Rules in Favor of Homeowner in Takings Clause Case
On May 25, 2023, the United States Supreme Court issued their unanimous decision in the matter of Tyler v. Hennepin County. The question posed to the Court in this matter was whether a government body, who has taken real property under the guise of an unpaid tax debt, can sell that property for an amount... Read More
Demarest v. Underhill – Cert. Petition
Having visited Underhill, Vermont dozens of times, I had to quickly post notice of the recent petition for certiorari filed by our Owners Counsel of America colleague, Michael Berger, on behalf of the property owner. 2023-5-23 demarest-cert-petition. (The Town literally sits “under” Mount Mansfield – Vermont’s tallest peak). The owner’s petition is asking the Supreme... Read More
