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No Standing for PA Senators Alleging Taking
Here’s a quick one for a Monday to start the workweek – – – on September 16, 2022, the Third Circuit issued a “precedential” opinion in the Yaw v. Delaware River Keeper case. If you thought that the doors to the federal courts swung wide open when the Supreme Court decided Knick v Scott, you... Read More
A Primer on Tenants’ Rights to Condemnation Awards in New Jersey
When the government takes private property using its power of eminent domain, it is required to pay the property owner “just compensation.” With that being said, the allocation of a condemnation award is not always clear cut and legal disputes often arise in the context of leaseholds. Allocation of a condemnation award to persons claiming... Read More
Bernardsville Redevelopment Project: Full Steam Ahead!
Last week, the Bernardsville Borough Council adopted a resolution approving a controversial designation of certain commercial properties on Olcott Square as an “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). The decision, approved by a 4-2 vote, was controversial because it rejected an... Read More
Delays in Obtaining Permits Leading to Property Foreclosure Not a Regulatory Taking
Federal Court Judge Cheryl Ann Kraus was ‘riding the Circuit’ and decided a regulatory takings case while sitting in the District Court, District of New Jersey captioned James v. Vornlocker. Full opinion here 2022-8-31 Vornlocker. The case was decided on motions for summary judgment, and it appears that Plaintiff admitted most of the facts and... Read More
New York Appellate Court: Make a Strong Case When Arguing for a “Highest and Best Use!”
Earlier this year, the Supreme Court of New York, Appellate Division, reviewed a lower court’s decision that disregarded a property owner’s proposed “highest and best use” to support a valuation claim in a condemnation matter. The primary issue on appeal was whether the lower court erred in finding that the property owner failed to substantiate... Read More
Indiana Supreme Court Vacates Judgment on Due Process Grounds
The Indiana Supreme Court handed a property owner a nice win before the Labor Day Weekend. The short opinion is a quick read and available here. The Gary Housing Authority was engaged in redevelopment for affordable housing and it “strictly followed” the statutory and administrative procedures for acquiring private property. The notice provisions of the... Read More
Maryland Appellate Court: Condemnation Jury Trials are the Status Quo
Earlier this year, the Maryland Court of Special Appeals reviewed a lower court’s decision that prevented a self-represented property owner from having her valuation case heard by a jury. The primary issue on appeal was whether it was legally correct for the lower court to hold the condemnation trial without a jury. The full decision... Read More
Charitable Property Tax Exemption Upheld by Tax Court Despite Zoning Violations
On March 24, 2022, the Tax Court of New Jersey rendered a twenty-five (25) page opinion in Life With Joy, Inc., v. Township of Green (hereafter “Life With Joy”) where the court evaluated whether the subject property was qualified for a charitable exemption to its requirement to pay local property tax. Here, the Hon. Vito... Read More
Taxpayers and Assessors: Chapter 91 Requests MUST Be Sent By Regular AND Certified Mail
A recent tax court opinion by Judge Cimino, J.T.C. clarifies whether the service of a tax assessor’s request for income and expense information (“Chapter 91”) by certified mail only was sufficient to satisfy N.J.S.A. 54:4-34. In short, the answer is no. In this matter, on September 15, 2020, the City of Brigantine’s (“City”) Tax Assessor,... Read More
Regulatory Taking Affirmed by Texas Court of Appeals
On August 1, 2022, the Fifth District Court of Appeals in Dallas, Texas affirmed a $33 million dollar jury verdict in favor of a property owner on a regulatory taking claim! Dallas v. Trinity East Energy (2022-8-1 Trinity East Energy). In short, the City of Dallas and Trinity East had entered into a Lease Agreement... Read More
