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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
A Primer on Relocation Benefits in New Jersey
In New Jersey, persons displaced by a governmental taking, assuming they satisfy all statutory requirements, are entitled to relocation assistance under the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (state implementation of requirements of federal Uniform Relocation Assistance Law), the Relocation Assistance Law of 1967, N.J.S.A. 52:31(b)-1 et seq. (applicable to all displacements, including condemnation... Read More
The Importance of Condemnation Appraisal in Eminent Domain Cases
Condemnation appraisal plays a crucial role in ensuring property owners receive fair compensation during eminent domain cases. When the government seizes private property for public use, determining the property’s fair market value is essential. This is where professional appraisers come in. Their expertise helps in establishing an accurate valuation, which forms the basis of just... Read More
The Distinction Between the Government’s “Police Power” and the Power Of “Eminent Domain”
There is a common misconception that the government’s “police power” is synonymous with its power of “eminent domain.” This blog aims to dispel any confusion by explaining the distinction between the two terms. Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme... Read More
Real Estate Tax Appeal: Key Differences from Eminent Domain
The real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners…that is the good news, and our firm specializes in representing property owners across N.J. in those types of cases. However, unique situations may arise during a tax appeal that can pose a dilemma for owners. One such... Read More
Oklahoma! (Childers v. Arrowood)
“Where the wind comes sweepin’ down the plain….” Wait, nope, that’s for another blog. Another strange takings case from our Owners Counsel of America colleague Robert Thomas, as reported in his Inverse Condemnation Blog (God only knows how he finds these cases!) This one comes from the Oklahoma Supreme Court and involves the taking of... Read More
NJ’s Senior Homeowners and Renters Could See Reduced Property Tax Bills
New Jersey Governor Murphy and state legislators have purportedly reached an agreement to enact a bill to help New Jersey’s seniors stay in New Jersey. Legislators proposed a bill titled “StayNJ Act” which would effectively cut property tax bills for homeowners and renters ages 65 and older starting in 2026. The bill was introduced by... Read More
Sunday Thoughts on Jury Selection
20th Century Fox. It’s a rainy Sunday here in Morristown three days removed from completing my second live jury trial post-Covid. Glad to say the jury rendered a verdict in favor of the property owners. I should say former property owners because it was a condemnation valuation trial. That means the jury was called on... Read More
