BLOG: Condemnation Law
Was Eminent Domain “Made in America”? Upstate NY Residents Soon To Find Out
Nearly 20 years after the United States Supreme Court issued its controversial opinion in Kelo v. City of New London, an economic development project near Syracuse, New York has residents wondering whether their homes and businesses will be taken by eminent domain in order that a computer chip factory can be built by Micron, one... Read More
Trenton Mayor vs. City Council: Who Controls the Creation of a Redevelopment Agency?
In Mercer County, there is a lawsuit heating up between the Trenton City Council and Mayor Reed Gusciora over the creation of a new redevelopment agency. The City Council kicked off the lawsuit in April 2022 with a Verified Complaint and Order to Show Cause. The Order to Show Cause sought to preliminarily restrain the... Read More
Texas Court Rules that Property Owners May Sue Army Corps for Flood Damages
A Texas Court recently awarded six “upstream” property owners affected by flooding during Hurricane Harvey (August 2017) $550,000. See Landmark Research summary 2022-11-8 Compensation for Army Corps Flooding – Hurricane Harvey. During Hurricane Harvey, the Addicks and Barker Flood Reservoirs created by the Army Corps of Engineers filled with water and caused widespread damage to... Read More
All Rise for the Jury!
A year and a half ago I blogged about trials in the age of COVID/sars (here). I’m happy to report that we’re now back in person and I was lucky enough to spend last week at the historic Brennan Courthouse (interior rotunda pictured above) with a Hudson County jury. There is nothing in the world... Read More
Valuing Contaminated Property in a Condemnation Case
Regarding the intersection of eminent domain and environmentally contaminated property, the New Jersey Supreme Court made the following observation: In general, eminent domain springs from two separate legal doctrines. The right of the State to take private property for the public good arises out of the necessity of government, whereas the obligation to make “just”... Read More
Chabad of the Beaches “Takes” On the Village of Atlantic Beach
A recent eminent domain case unfolding across the river involves the potential taking of property owned by Chabad of the Beaches (“Chabad”), a Jewish community group, to be used for religious purposes. Chabad was founded by the Rabbi Eli Goodman and his wife, Beila Goodman, to serve the Jewish population of Long Beach Barrier Island.... Read More
No Standing for PA Senators Alleging Taking
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More
A Primer on Tenants’ Rights to Condemnation Awards in New Jersey
When the government takes private property using its power of eminent domain, it is required to pay the property owner “just compensation.” With that being said, the allocation of a condemnation award is not always clear cut and legal disputes often arise in the context of leaseholds. Allocation of a condemnation award to persons claiming... Read More
Bernardsville Redevelopment Project: Full Steam Ahead!
Last week, the Bernardsville Borough Council adopted a resolution approving a controversial designation of certain commercial properties on Olcott Square as an “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). The decision, approved by a 4-2 vote, was controversial because it rejected an... Read More
Delays in Obtaining Permits Leading to Property Foreclosure Not a Regulatory Taking
Federal Court Judge Cheryl Ann Kraus was ‘riding the Circuit’ and decided a regulatory takings case while sitting in the District Court, District of New Jersey captioned James v. Vornlocker. Full opinion here 2022-8-31 Vornlocker. The case was decided on motions for summary judgment, and it appears that Plaintiff admitted most of the facts and... Read More
