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LA County Agrees to Pay $20 Million for Bruce’s Beach
In November 2021 and August 2022, we covered a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. Those blogs can be found here and here. In mid-July 2022, an oceanfront ceremony officially marked... Read More
Great Eight, No. 5 – Nollan v. California Coastal Commission (US)
1987. My penultimate year in high school and the year the United States Supreme Court decided Nollan v. California Coastal Commission. 483 U.S. 825. Justice Scalia’s opinion is worthy of a full read, especially the continued – and almost comical – retorts to Justice Brennan’s dissenting opinion. The issue is on appeal is immediately established: ... Read More
Great 8, Number 4: Wilson – Municipal Redevelopment Sustained
The above image apparently depicts a downtown urban blighted area in Connecticut. (But, today’s post will not be about the famous Little Pink House in Connecticut). This post is about the judicial progenitor of redevelopment in New Jersey, Wilson v City of Long Branch (1957) (Francis, Assoc. Justice). The case was the first to challenge... Read More
Harrison Tp Redevelopment Faces Heavy Opposition
A quick break from the “great 8” – – NJ.com reports that a rural Gloucester County municipality has been targeted in two lawsuits seeking to invalidate a “warehouse” friendly redevelopment plan. To refresh everyone’s recollection, the New Jersey Constitution declares that “redevelopment” of a “blighted area” is a public use and public purpose for which... Read More
Morristown Property Tax Revaluation Delayed to 2024
Morristown’s first property tax revaluation in nearly 20 years looks like it will have to wait yet another year to be completed. Delays in performing inspections of the properties are the principal reason for the delay in the revaluation, which had been ordered to take place by the Morris County Tax Board and was originally... Read More
Great 8, Number 3: United States v. Causby
Thomas Lee and Tinie Causby lived outside of Greensboro, North Carolina and operated a chicken farm on their 2.8 acre property. In May of 1942 – about 5 months after the bombing of Pearl Harbor on December 7, 1941 – the United States leased the municipal airport adjacent to Causby’s chicken farm to operate military... Read More
Great 8, Number 2: Washington Market – Early Inverse Case
Washington Market Enterprises, Inc. v. City of Trenton, 68 N.J. 107 (1975) is number two on the list. The case is included because it is probably one of the earliest New Jersey inverse condemnation cases alleging a “regulatory taking” where the owner prevailed. Our Supreme Court framed the issue: “This case presents the question of... Read More
Weehawken Bans Short-Term Rentals…Fifth Amendment Challenge Coming?
Although home-sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties, several cities along the Hudson River have banned owners from leasing out their properties on a short-term basis citing quality-of-life concerns. In March and August 2022, we blogged about Jersey City’s... Read More
A New Years’ Great Eight: Number 1
End of year, we all get bombarded with “best of” or “top 10, 20, 100” lists. So, how about starting the year with eight great condemnation cases? Number 1. Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893). A grand-daddy in its 130th anniversary year! A bountiful feast of elemental principles of just compensation... Read More
South Carolina City Pulls the Plug on Banning U-Haul Rentals
A property owner in Mauldin, South Carolina felt some holiday cheer this December when he found out that the city repealed an amortization ordinance that would have banned his long-standing U-Haul rental business. For over a decade, Jeremy Sark and his partner Marie Dougherty operated a U-Haul rental business alongside Sark’s Automotive shop in Mauldin.... Read More
