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Eminent Domain in the Amazon Rainforest?
Being a “dirt lawyer” or owner’s counsel for the past twenty years – you start seeing takings’ law in everyday life. For instance, this past Sunday I read an article in the New York Times – Brazil Found Last Survivors of Amazon Tribe. Now What? (August 20, 2023) In 1989, a government agent, deep in... Read More
Is Rent Control A Taking? NY Owners Ask Supreme Court to Decide
Catching up on my summer reading. I stumbled across a great law review article by Michael Berger entitled, The Joy of Takings (Journal of Law & Policy 2017), which is recommended reading for any condemnation practitioner and may be the subject of a future blog. But today, I wanted to share a Petition for Certiorari... Read More
The Heavy Burden of Eminent Domain
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is... Read More
“Perpetual” Storm Protection???
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms. It was almost a right of passage. That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More
UPDATE To STAY NJ – We Shall See In January 2026!
Back in June, we blogged about the early rumblings of a bill to be passed which would increase property tax savings to Seniors living in New Jersey. Billed as “Stay NJ”, it was purported that Senior homeowners and renters (aged 65 and older) could see reductions in their property tax bills up to $6,500 for... Read More
Sandy Dunes Still Creating Property Rights Disputes
Earlier this year, several oceanfront property owners in Toms River sued their homeowner’s association and the municipality because they were precluded from building a “dune walkover.” The dunes are those that were funded after the devastation to the Jersey Shore caused by Hurricane Sandy in 2012. The project was designed by the Army Corps of... Read More
The City of Newark to Perform its First Property Revaluation Since 2013
The City of Newark, New Jersey on July 19, 2023 passed an Ordinance for a Special Emergency Revaluation. This will be the City’s first property tax revaluation since 2013. This revaluation has not been officially scheduled but has a targeted completion date of sometime during or before the 2027 tax year. This deadline was made... Read More
Let’s Make a Deal: Ocean County Set to Acquire Campground Site for $5.9M
Many of our blog posts focus on the run-of-the-mill condemnation case, that is, when pre-litigation negotiations fail, and the government legally “takes” private property for public use in exchange for “just compensation.” It’s about time we shed some light on an alternative case where the condemning agency avoids exercising its eminent domain power by entering... Read More
Is “Discovery” Permitted in a New Jersey Condemnation Case?
In civil litigation, the “discovery” process is a valuable tool for the parties to receive and exchange certain facts, documents, and other information (i.e., evidence) relative to the issue(s) at hand. Most causes of action permit liberal discovery which can be an expensive and timely endeavor for litigants and counsel. However, condemnation cases in New... Read More
Where Does the Government’s Money Come From to ‘Take” Private Property?
If you read the title of today’s post, I can guarantee you that the money does not grow on trees! As you know, the government is required to pay “just compensation” when it takes private property, and that value can vary from hundreds of dollars to multiple millions of dollars depending on the size and... Read More
