BLOG: Court Decisions
Arkansas Game Remand Equals Just Compensation for Property Owner
Almost a year to the date after the Supreme Court issued its opinion in Arkansas Game and Fish Commission v. United States, the Circuit Court of Appeals for the Federal Circuit found that the governmental taking caused by an Army Corps controlled flooding program was compensable. The Circuit Court “affirm[ed] the judgment of the Court... Read More
Harrison Township Amendment to Redevelopment Plan Affirmed on Appeal
In an unpublished per curiam opinion, the Appellate Division affirmed dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. Mullica Hills Supermarkets, LLC v. Harrison. The background followed the familiar redevelopment path. An area was designated “in need of redevelopment” in 2008, and a redevelopment plan was adopted contemporaneous... Read More
Hoboken Property Owner's Inverse Condemnation Claim Fails
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More
Supreme Court Fails to "c" Property Owner’s Argument on Variance
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval. The issue... Read More
NJ Appellate Court Confirms Property Owners' Right to Compensation For Loss of Ocean View
On October 28, 2013, the Superior Court of N.J., Appellate Division published an opinion in back to back appeals captioned Petrozzi v. City of Ocean City . Both cases had their nascence long before Sandy casts its long shadow on New Jersey beaches and property owners. Having no dune protection in place, in 1989, Ocean City reached... Read More
Redundant But True: Tenant's Relocation Claims Denied…For Failure to Relocate
A New Jersey appellate court recently rejected a commercial tenant’s claims for relocation benefits and assistance arising out of a displacement caused by a redevelopment project in Wrightstown Borough, near the Fort Dix military establishment. The claimant, Andrew Rosen, was the owner of Wright Cleaners, which had been operated at the same location since... Read More
Supreme Court to Take Another Look at Meaning of "In Need of Redevelopment"?
Late last week, the New Jersey Supreme Court certified this question: “When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, must the municipality expressly find that the property is “blighted” pursuant to the Blighted Areas Clause of... Read More
Cal App Ct Denies Pre-Condemnation Damages
A California Court of Appeals panel recently reversed a trial court decision which was favorable to a property owner in Dep’t of Transportation v. McNamara. The issue on appeal was limited to whether the property owners were entitled to pre-condemnation damages as a matter of law. The trial court awarded the property owner pre-condemnation damages in... Read More
N.J. Supreme Court Opines on Prior Public Use Doctrine in Railroad Case
On August 6, 2013, the New Jersey Supreme Court issued its opinion in Norfolk Southern Railway Co. v. Intermodal Properties (available here). The Court’s opinion was limited to analysis of two narrow issues; 1) whether the proposed use is incompatible with the public interest; and 2) whether the term “exigencies of business” limited the railroad... Read More
Property Owner is Injured But Has No Remedy at Law
Berardi I (Tp of Pemberton v. Berardi, 378 N.J. Super 430 (App. Div. 2005)). On September 30, 2002, the Township of Pemberton commenced a condemnation action to acquire property owned by the Berardis within a designated redevelopment zone in the municipality. Contemporaneous with the commencement of the action, the Berardis filed an applications with the... Read More
