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NJ’s ANCHOR Program – IT HAS BEGUN!
Back in June 2022, we informed you that the State’s Affordable NJ Communities for Homeowners and Renters program (“ANCHOR”) was coming to provide “truly historic” tax relief to property owners and renters. In the words of the venerable soul-stealing sorcerer, Shang Tsung, “It has begun!” (Queue Mortal Kombat theme song). The ANCHOR program replaces the... Read More
Judge Strikes Down New Jersey’s Casino Property Stabilization Act
On August 31, 2022, Atlantic County Assignment Judge Michael Blee ruled that a recent state law, which revised the property tax agreement between the Atlantic City casinos, Atlantic County, and Atlantic City, violated New Jersey’s Constitution. The law, originally passed as “S4007” (hereafter the “2021 Act”), was signed into law on December 21, 2021, and... 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
New York Appellate Court: Make a Strong Case When Arguing for a “Highest and Best Use!”
Earlier this year, the Supreme Court of New York, Appellate Division, reviewed a lower court’s decision that disregarded a property owner’s proposed “highest and best use” to support a valuation claim in a condemnation matter. The primary issue on appeal was whether the lower court erred in finding that the property owner failed to substantiate... Read More
Indiana Supreme Court Vacates Judgment on Due Process Grounds
The Indiana Supreme Court handed a property owner a nice win before the Labor Day Weekend. The short opinion is a quick read and available here. The Gary Housing Authority was engaged in redevelopment for affordable housing and it “strictly followed” the statutory and administrative procedures for acquiring private property. The notice provisions of the... Read More
Understanding New Jersey Short-Term Rental Laws
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More
