BLOG:
Fourth Circuit Reverses Summary Judgment in Favor of Pipeline Company
This case serves as a reminder that the client usually knows more about their property that anyone else. Don’t hesitate to put them on the stand! The Fourth Circuit issued an opinion on January 27, 2025 in Mountain Valley Pipeline, LLC v. 0.32 ACRES OF LAND, Owned by Grace Minor Terry. Full opinion here: Mountain Valley... Read More
NJ Tax Court Ruling: Spent Nuclear Fuel Now Taxable Property
In a groundbreaking decision with far-reaching implications, the NJ Tax Court has determined that spent nuclear fuel is subject to local property taxation. This ruling concludes years of contention between municipalities and nuclear plant operators, potentially unlocking millions in tax revenue for communities hosting these facilities. The impact extends well beyond New Jersey’s borders. Energy... Read More
Can You Fight Eminent Domain? Understanding Your Legal Rights in New Jersey
When that certified letter arrives notifying you that the government wants to take your property through eminent domain, it’s natural to feel powerless. Many property owners mistakenly believe they must simply accept whatever compensation is offered and move on. This analysis clarifies a critical point of law: property owners in New Jersey possess substantial legal... Read More
Supreme Court to Decide if Eviction Moratorium Constitutes Fifth Amendment Taking
The United States Supreme Court stands at a pivotal crossroads in property rights jurisprudence as it considers whether to hear a case that could fundamentally reshape the relationship between government emergency powers and private property rights. At issue is whether government-imposed eviction moratorium measures during the COVID-19 pandemic constituted a “taking” under the Fifth Amendment,... 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
How to Appeal Your Property Tax Assessment: A Comprehensive Guide
Property tax assessments serve as the foundation for determining your property tax obligations. However, these assessments often fail to reflect the true market value of your property, potentially resulting in excessive taxation. When government valuations seem inaccurate, property owners have the legal right to appeal property tax assessment determinations through established procedural channels. The Fundamental... 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
