BLOG: Condemnation Law
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
Federal Agency Releases New Appraisal Guidelines for Financial Institutions
Financial institutions have new guidelines to follow when conducting real estate appraisals and evaluations. The Interagency Appraisal and Evaluation Guidelines, which replace the 1994 guidelines, explain the minimum regulatory standards for appraisals. Highlights from the Guidelines and its appendices include: * recognizing that a borrower’s ability to repay real estate loans according to reasonable terms... Read More
Court Refuses to Hear Columbia University Redevelopment Case
The United States Supreme Court today issued its decision denying property owner Nick Sprayregen’s petition for certification. The two issues raised in the petition were: “1) Whether it was error for the Court of Appeals of New York to disregard the principles enunciated in Kelo v. City of New London in sanctioning the use of... Read More
NY Redevelopment Challenge Petition to Be Decided by US Supreme Court
Today, the U.S. Supreme Court is expected to issue its decision on whether to take property owner Nick Sprayregen’s appeal from an adverse ruling by the New York Court of Appeals. The Court of Appeals, New York’s highest court, reversed an earlier ruling that had disallowed the taking of Mr. Sprayregan’s property in West Harlem where he... Read More
Can a foreign corporation use eminent domain on U.S. Land?
The 4,000- mile long TransCanada Keystone Pipeline begins in Northern Canada, and moves southward into the United States, through North Dakota, South Dakota, Nebraska, Kansas, Missouri and Illinois. The network is about five times the length of the trans-Alaska oil pipeline. When complete, the project will deliver up to 1.5M barrels a day of crude oil... Read More
