BLOG: Condemnation Law
Hiring an Eminent Domain Attorney? Consider This
Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters. The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an... Read More
Possible Inverse Condemnation Looms in Variance Denial Case
A New Jersey appellate court recently affirmed the dismissal of a lawsuit challenging a local municipality’s denial of a variance application to build one single family residence on a 24 acre lot. The Last Frontier, Inc. v. Blairstown Tp. Zoning Bd. of Adj., Docket A-5205-08T2 (May 24, 2010). A variance was required because the property... Read More
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
