BLOG: Condemnation Law
"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
Owners' Approvals and Improvements Upheld as Relevant in Jury Valuation
A New Jersey appellate court recently rejected an attempt by the the New Jersey School Construction Corporation’s (“NJSCC”) to reverse a trial court judge’s decision permitting the jury to consider evidence of zoning board approvals and property improvements for purposes of determining just compensation at the trial concerning the NJSCC’s condemnation of the owners’ commercial property. The trial... Read More
Appeals Court Denies Relocation Benefits to Bloomfield Property Owner
A New Jersey appellate court affirmed the denial of relocation benefits to a former property owner (Jeanny Sung Koo) in a redevelopment area in the Township of Bloomfield after she signed a lease to relocate to a new location where an initial offer to purchase her property had been made, and negotiations ensued, but the project stalled. The... Read More
Appellate Division Rejects Property Owners' Due Process Claims in Redevelopment Case
A New Jersey appellate court recently rejected certain property owners’ claims that city officials violated their procedural and substantive due process rights by frustrating plaintiffs’ business ventures in connection with a local redevelopment plan and project. In Sandone v. Park, A-6346-07 (App. Div. February 2, 2010), the Appellate Division affirmed the trial court’s dismissal of the owners’ complaint challenging... Read More
New Jersey Legislature Introduces Bill to Address Loss of Business, and Resolution Proposing a Constitutional Amendment to Limit Takings
The New Jersey State Legislature introduced two proposed bills on February 4, 2010, to address compensation and “public purpose” issues. SCR63 would amend Article VIII, Section III, paragraph 1, of the New Jersey Constitution, to remove “[t]he clearance, replanning, development or redevelopment of blighted areas” as a public purpose, while more narrowly defining a public... Read More
Trial Court Permits Redevelopment Challenge in West Windsor Despite Timeliness Objection
Mercer County Assignment Judge Linda R. Feinberg issued an opinion finding that the notice requirements in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), applied to a redevelopment study adopted by the Township of West Windsor for its Princeton Junction Redevelopment Area. In IC/L-A Washington Road v. Twp. of West Windsor,... Read More
McKirdy & Riskin Attorneys on Faculty of ALI-ABA Eminent Domain Seminar
McKirdy & Riskin’s Edward McKirdy and Anthony Della Pelle will be serving on the faculty of two of the best national CLE programs about eminent domain law, ALI-ABA’s “Eminent Domain and Land Valuation Litigation,” and “Condemnation 101: How To Prepare and Present an Eminent Domain Case,” being held concurrently at the Westin Kierland Resort in... Read More
State takes keys to Pearl Restaurant in Somers Point – pressofAtlanticCity.com : Latest News
State takes keys to Pearl Restaurant in Somers Point – pressofAtlanticCity.com : Latest News Posted using ShareThis... Read More
