BLOG: Condemnation Law
New Jersey Supreme Court Agrees to Hear Another Redevelopment Case Involving Tenants’ Rights
The New Jersey Supreme Court recently granted a petition for certification in Town of Kearny v. Discount City of Old Bridge, Inc., et al., a redevelopment taking involving tenants rights where the designated “redeveloper” was also the tenant’s landlord, which was decided by the Appellate Division on October 23, 2009. The Appellate Division held that pre-condemnation... Read More
Jersey City Redevelopment Plan Upheld Despite Passage of Time
High rise housing is permitted in City’s Powerhouse Arts District following adoption of amended Redevelopment Plan A neighborhood action group’s argument that a redevelopment plan was wrongly amended was rejected by the Appellate Division of the New Jersey Superior Court in a recently published opinion. The neighborhood group filed an action in the Superior Court... Read More
TENANTS NOT ENTITLED TO NOTICE OF BLIGHT DESIGNATION
In Iron Mountain Information Management Inc. v. The City of Newark, the New Jersey Supreme Court held this week that the only persons entitled to notice of a blight designation under the Local Housing and Redevelopment Law (“LRHL”) are the owners of record and those whose names are listed on the tax assessor’s records as permitted... Read More
Long Branch Mayor Schneider, Who Oversaw Eminent Domain Use, Is Reelected
Following claims that he has abandoned the use of eminent domain in the redevelopment area, Long Branch Mayor Adam Schneider was reelected to an unprecedented sixth term in last week’s election despite negative campaigning in the final weeks of the election. Former councilman, and mayoral candidate, Brian Unger, who also opposed the use of eminent... Read More
Seized, Stalled, and Scrapped
McKirdy & Riskin’s Anthony Della Pelle provides commentary on Fox News about redevelopment projects and the problems that they can create when they are stalled or scrapped: [youtube=http://www.youtube.com/watch?v=S_nDORyXWAo] The video is also available on Fox News.... Read More
Redevelopment Lawsuit at Issue in Long Branch Mayoral Race
Long Branch mayoral candidate Robert Krebs says the suit he recently filed to overturn the Beachfront South redevelopment designation was filed by him as a “private citizen.” Current Mayor Adam Schneider says he has abandoned the use of eminent domain in the redevelopment area because of the poor economy and recent court decisions restricting the... Read More
Plainfield Redevelopment Project Upheld on Appeal
Bucking a trend of court decisions striking down redevelopment projects, a New Jersey appellate court has determined that the City of Plainfield may proceed with a redevelopment project in the City because it satisfied criterion (d) under the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-5(d), and due to the “substantial evidence” contained in the... Read More
Waste of Taxpayer Money?
McKirdy & Riskin’s Anthony Della Pelle was featured this past Sunday in Fox News’ coverage of legislation in Utah attempting to authorize the use of eminent domain to take property owned by the U.S. government. Click on the picture below to learn more about the State of Utah’s efforts to acquire federally-owned property: [youtube=http://www.youtube.com/watch?v=nPek7AOyGcg] The video may... Read More
Vineland Property Owners Fighting Redevelopment Taking
Our New Jersey Condemnation Law Blog recently reported how the City of Vineland reduced the threat of eminent domain as part of its redevelopment project, but several property owners who still face the threat of eminent domain have announced their intentions to protect their property interests. Joseph and Joanne Marghella, owners of the properties that... Read More
Washington Township Farm Targeted for Water Rights
Washington Township property owner Robert Smith finds himself embroiled in a dispute with the local municipal utilities authority, which seeks to use eminent domain to seize a water production well on Smith’s 100-acre farm. The farm, which has been in Smith’s family for more than 200 years and has been farmed by Smith himself since... Read More
