BLOG: Condemnation Law
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
HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
Right of Entry vs. Taking: What Property Owners Must Know?
In exercising their right of entry, government entities must carefully navigate property owners’ constitutional protections. While the power of eminent domain allows the government to acquire private property for public use with just compensation, the preliminary stages of this process often raise complex legal questions. As experienced property tax lawyers, we frequently see cases where... Read More
How Societal Bias Shapes Eminent Domain Decisions
The societal bias inherent in eminent domain practices has become increasingly apparent as studies reveal its disproportionate impact on vulnerable communities across New Jersey and nationwide. The government’s power to acquire private property, while essential for public infrastructure development, has given rise to projects ranging from railroads and highways to schools, hospitals, and parks. As... Read More
A Comprehensive Guide to Eminent Domain Just Compensation
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More
Eminent Domain in a Nutshell
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More
App Div Affirms Redevelopment of 615 River Road Edgewater Property
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div. The decision appears to be the end of years of litigation over the redevelopment of... Read More
Police Power vs. Eminent Domain: Key Differences in Real Estate
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More