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SCOTUS Asked to Decide Whether Eviction Moratorium is a Taking
Since the beginning of the COVID pandemic in 2020, we have covered the private impacts resulting from local and federal eviction moratoriums and shutdown orders: Gym Owner Loses Challenge to COVID Shutdown Order U.S. Supreme Court’s Emphatic “Take That!” To CDC Eviction Moratorium When Will The New Jersey Eviction Moratorium End? COVID Eviction Freezes –... Read More
Extraterritorial Jurisdiction in Eminent Domain: Cornhuskers vs. Buffalos
Extraterritorial jurisdiction in eminent domain creates complex legal challenges when one state attempts to condemn property within another state’s boundaries. The ongoing dispute between Nebraska and Colorado over water rights and land acquisition along the South Platte River exemplifies this rare but significant constitutional conflict. Unlike typical eminent domain vs condemnation proceedings within a single... Read More
Appellate Court Rejects Condemnation Due to Lack of Public Use or Purpose
The New Jersey appellate court published its opinion on Friday January 31, 2025 in Township of Jackson v. Getzel Bee, LLC. Full text Getzel bee App Div 1-31-25. The court’s opinion doesn’t mince words, and poignantly states the issue at the outset: “Lots 84 and 90 are not being used for the asserted public purpose... Read More
Should Tax Assessments be Admissible in Condemnation Cases?
When courts seek to establish a property’s fair market value in condemnation cases, they generally disregard property tax assessments. Courts tend to find that tax assessments are poor indicators of value and instead rely on other valuation methods. However, some courts have begun to question this notion and, on some occasions, have allowed assessments into... Read More
Institute for Justice Seeks to Overturn Kelo v City of New London
A preeminent advocate for the rights of property owners is petitioning the United States Supreme Court to hear an eminent domain matter with the hope that it will overturn a landmark decision in eminent domain law. The Institute for Justice (IJ), a non-profit law firm dedicated to protecting the rights of property owners, represents the... Read More
New Year Thoughts on Redevelopment
The redevelopment process often gets a bad rap. One universal concern is that the process can be abused to benefit politically connected private developers at the expense of local property owners (check out this blog post for a refresher on Kelo and SCOTUS’s decision to deny certiorari in Eychaner). Additionally, property development itself is sometimes... Read More
Property Rights Abroad: Indian Army Ordered to Pay 46 Years Rent to Landowner
It’s safe to say that we have covered our fair share of interesting eminent domain stories from around the United States. For example, here are a few stories from California, South Carolina, Maryland, and even Alabama. But how are property rights viewed by the courts abroad? Well, according to a November 2024 decision from the... Read More
Understanding the Consequences of Unpaid Property Taxes in New Jersey
Unpaid property taxes in New Jersey can trigger a cascade of serious legal consequences for homeowners, potentially jeopardizing their property rights and financial stability. As experienced property tax lawyers near me frequently observe, municipalities have robust mechanisms to recover delinquent tax payments, including tax sales and liens. While property owners face strict quarterly payment obligations,... Read More
HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
New Jersey Property Tax Relief: Ways to Save Thousands on Your Taxes
New Jersey property tax relief has become increasingly crucial as our state continues to bear the nation’s highest property tax burden. No Matter How Data Is Crunched, NJ Property Taxes Are Highest, NJBIA, Aug. 20, 2024. The situation has reached a critical point, with NJ Spotlight News reporting that the average annual property tax bill... Read More
