BLOG: Condemnation Law
National Media Highlights Lack of Oversight and Failure of Redevelopment Projects
A recent article in the LA Times highlights how redevelopment agencies in California have operated with little or no oversight for years and, as a result, redevelopment projects are stalled or failing. The article is endemic of eminent domain abuse that has occurred across the country as highlighted in the following: St. Louis Business Journal: Hadley developers are no-show... Read More
Trans Hudson Tunnel Project Canceled By Governor Christie
New Jersey Governor Chris Christie today canceled the multi-billion dollar “ARC” Hudson River commuter train tunnel — America’s largest public works project. This action follows a moratorium which had been imposed on the project to study its fiscal impact. Governor Christie stated that the tunnel project costs “far more than New Jersey taxpayers can afford and the... Read More
Neptune Redevelopment Challenge Dismissed
A New Jersey appellate court has affirmed a trial judge’s dismissal of a citizen’s challenge to the Township of Neptune‘s designation of five acres as an “area in need of redevelopment “under the Local Redevelopment and Housing Law (“LRHL”). The court also dismissed the objector’s challenge to the township’s subsequent adoption of a redevelopment plan. The court held that... Read More
New Jersey Road, Rail Projects Suspended
The New Jersey Department of Transportation has suspended approximately 100 state-funded road and rail projects in their early stages while the State contemplates how it will finance needed infrastructure improvements in the future. This announcement follows yesterday’s resumption of work resumed on many transportation projects that NJDOT Commissioner James Simpson had ordered stopped last Friday. According to Simpson, the original stoppage was due... Read More
NJ Supreme Court Rules That Replenished Beach Area is Public Property
Long Branch Property Owners Denied Compensation for Beach Expansion The New Jersey Supreme Court ruled yesterday that beachfront land created by government replenishment projects is public property, and does not become part of the private property owned by adjacent property owners. This ruling was made in an eminent domain case involving beachfront property in what... Read More
$6.5 Million Recovered to Clean Up School Site Acquired by Eminent Domain
The New Jersey Schools Development Authority has obtained $6.5 million dollars from three former owners of a 14 acre property in Camden to pay for the cleanup of environmental contamination of the property, which is adjacent to a Camden Elementary School. The property is the site of the old Stockton Station apartment complex and will... Read More
Appraisal Reports Must Be Produced
The Appellate Division of the New Jersey Superior Court has released a published opinion in Tractenberg v. Twp. of West Orange, ___ N.J. Super. ___ (App. Div. 2010), which required the Township of West Orange to release an unredacted copy of an appraisal report prepared for the Township’s Council following an OPRA request by the... Read More
Taking of Gallenthin Property Approved
A Superior Court judge held last week that the Gloucester County Improvement Authority properly exercised its power of eminent domain and may proceed with the taking of a portion of the Paulsboro property owned by members of the Gallenthin family — the same family that was successful in stopping a previous effort to take their... Read More
Old Bridge Adopts Ordinance Restricting Eminent Domain
Old Bridge Councilman-at-Large Brian Cahill and local resident Tony Piscetti successfully convinced the Old Bridge Township Council to adopt an ordinance prohibiting the use of eminent domain for tax revenue purposes that was previously discussed on this blog. Following discussions on the ordinance at a June Council meeting, both Republicans and Democrats voted in favor... Read More
Newark Trucking Facility Not Blighted
A Newark property owner, CD Development, LLC, challenged a 2005 blight designation which led to its property being designated as an area in need of redevelopment. The five acre property is used as an active trucking facility. Newark’s planning expert concluded the property satisfied the Local Redevelopment and Housing Law (LRHL) criteria in N.J.S.A. 40A:12A-5(e), the... Read More
