BLOG: Condemnation Law
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
Atlantic Yards Project Not Done With Objectors Despite Recent Settlement
While the Atlantic Yards project has staved off nearly all of its legal challenges, and last week entered into a settlement with lead activist Daniel Goldstein, several loose ends remain. Goldstein recently accepted a $3 million settlement to relinquish any remaining claims and will be moving from his residence this summer. Watch ABC News’ video... Read More
Long Branch Redevelopment Dealt Another Blow
A New Jersey appellate court dealt another setback last week to the Oceanfront Broadway redevelopment project in Long Branch. Reversing the decision of the trial court, an appellate panel concluded that the City’s designation of the study area properties as in need of redevelopment in 1996 did not satisfy the heightened standard of the New Jersey... Read More
More about Freddy's Bar and Atlantic Yards in Brooklyn
Fox News coverage of the continuing saga of Atlantic Yards and one property owner’s fight to keep his property. Former New Jersey Superior Court Judge Andrew Napolitano provides commentary [youtube=http://www.youtube.com/watch?v=hPVQZt5ZlGA]... Read More
Billionaires vs. Brooklyn's Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
Watch this video regarding the Atlantic Yards redevelopment project in Brooklyn:[youtube=http://www.youtube.com/watch?v=Rgdp3XupCo0]... Read More
"Man Bites Dog" Eminent Domain Story as Utah Seeks to Condemn Federal Land
Utah Governor Gary Herbert recently signed legislation, HB324, which authorizes the State of Utah to use its power of eminent domain to take federally owned lands. Herbert argues that Utah is entitled to take the land because the federal government refuses to sell certain properties which could be developed or mined for natural resources. More than sixty percent... Read More
"Bizarre" Condemnation Case Involving 40-Year Old Dune "Taking" Argued Before New Jersey Supreme Court
The New Jersey Supreme Court heard oral arguments on March 22, 2010, after a trial judge and appeals court found Avalon’s adoption of shore-protection regulations resulted in an inverse condemnation of beach property. A 1962 Nor’easter leveled a home owned by Edward and Nancy Klummp, and Avalon constructed dunes on the property before a house... Read More
New Jersey Assembly Passes Bill Creating Receiving Zones for Development Rights Under Highlands Act
The New Jersey State Assembly has approved legislation authorizing municipalities outside of the Highlands Region to voluntarily act as receiving zones for development under the Highlands transfer of development rights (TDR) program. Under existing law, a municipality’s plan must be endorsed under the State Planning Act to accommodate receiving zones under the program, but the bill would now... Read More
City of Elizabeth Ordered to Pay Motel Owner from Environmental Escrow
The City of Elizabeth was recently ordered by New Jersey Superior Court Judge Kathryn A. Brock to permit the release of more than $350,000 to the former owner of a motel seized under eminent domain. The monies had been held in a Superior Court escrow account to provide funding for environmental cleanup of the property. The City acquired the... Read More