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When is a Precondemnation Entry Considered a Taking?
The power of eminent domain allows the government to take private property as long as it is used for a public purpose and “just compensation” is paid to the property owner. Sometimes the government is not sure whether it wants to take property or whether the property itself can support the improvements the government wants... Read More
Eminent Domain and Racial/Societal Bias: A Primer
The government’s use of eminent domain has been essential to facilitate infrastructural development, as the practice has given rise to projects from railroads, to public roads and highways, schools, hospitals, historical sites, parks, and more. The Fifth Amendment to the United States Constitution limits the government’s power to take privately owned lands for public uses... Read More
Self-Represented Litigants Lose Challenge To Denial of Mansion Tax Refund
Mansion tax plays a significant role in property transactions exceeding $1 million. This tax, which requires buyers to pay an additional 1% of the purchase price, has recently come under scrutiny in a notable Tax Court of New Jersey decision. The case of DePina v. Director, Division of Taxation has shed light on the strict... Read More
A Comprehensive Guide to Eminent Domain Just Compensation
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More
Eminent Domain in a Nutshell
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More
App Div Affirms Redevelopment of 615 River Road Edgewater Property
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div. The decision appears to be the end of years of litigation over the redevelopment of... Read More
Police Power vs. Eminent Domain: Key Differences in Real Estate
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More
N.J. Appellate Court: Third-Party Tax Appeals Are Not “an Issue of Public Interest”
Last month, the N.J. Appellate Division decided a case involving the constitutionality of a newly amended statue that eliminates third-party appeals of tax assessments and a property’s tax-exempt status. In particular, the statute in question, N.J.S.A. 54:3-21(a), prohibits a taxpayer from appealing the tax-exempt status or assessment of property they do not own to the... Read More
10 Essential Questions to Ask Your Eminent Domain Attorney
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More
Property Tax Caps Considered Across America
Property tax caps are legislative measures designed to limit the amount by which property taxes can increase annually. These caps are implemented to provide homeowners with financial predictability and to protect them from sudden and significant tax hikes that can occur due to rising property values. By controlling the increase in property taxes, these caps... Read More
