BLOG: Condemnation Law
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
Discounted Jury Verdict Upheld on Appeal
A New Jersey appellate court recently rejected a property owner’s claim that it was deprived of just compensation because the jury verdict reflected a discount for the cost of environmental remediation on its property. New Jersey Schools Construction Corporation v. Warminster Investments Corporation, et als., Docket No. A-5319-07T15319-07T1. Warminster, the property owner, argued that the jury... Read More
Camden Property Owners Succeed in Having Properties Removed from Redevelopment Area
The Camden City Council amended its Lanning Square Redevelopment Plan during a special meeting on December 29, 2009, to remove two blocks from the property acquisition list. The amendments were part of a settlement agreement with two of the parties involved in litigation that began in 2008 after the redevelopment plan was announced. The Camden... Read More
Long Branch to Protect Owners from Eminent Domain
Following a settlement agreement that permitted homeowners in the MTOTSA section of Long Branch to remain in their homes (read about it here), the Long Branch City Council is expected to revise the area’s zoning laws to grandfather the use of the remaining homes under the previous code while requiring new construction to... Read More
Dueling Supreme Courts to Decide Beach Replenishment Takings Issues Heard on Same Day
The United States Supreme Court and New Jersey Supreme Court heard oral arguments on the same day this week in cases focusing on the issue of where a beachfront property owner’s rights end, and the public’s rights begin, when the government decides to replenish beaches with public funds. The United States Supreme Court, in Stop... Read More
New Jersey Supreme Court Considers Tenants' Rights to Notice in Redevelopment Challenge
The New Jersey Supreme Court heard oral arguments this week in a case regarding the rights of commercial tenants to notice under the provisions of New Jersey’s Local Redevelopment and Housing Law. Iron Mountain Information Management, Inc. v. City of Newark (A-100-08). The issue presented to the Court was framed: “When property is targeted for redevelopment pursuant to the... Read More
