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April 25, 2013

Mantoloking (NJ) Contemplates Use of Eminent Domain for Dune Easements

Posted by Joseph Grather under In the news, Uncategorized | Tags: , , , , , , , |
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This just in – Mantoloking has decided to use eminent domain to acquire private property for the purported public use of dune replenishment. See articles from  CBS News and NJ.com.  McKirdy & Riskin’s Tony DellaPelle was interviewed and quoted in the CBS news video about the constitutional issues raised by attempting to require that oceanfront property owners donate their property in order to provide storm protection benefits to the public at large.

ImagePhoto courtesy Andrew Mills/Star Ledger.

You may remember when we blogged about the proposed easement that the town asked all of its beachfront residents to sign back in February.  Well, apparently not everyone was keen on donating their private property for beach/dune replenishment.

We’ll keep you posted.

Related articles
 

July 19, 2011

Posted by Anthony F. Della Pelle under Uncategorized
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Beach access plans trouble New Jersey property owners: http://ping.fm/fT1Zx

 

January 10, 2011

ARC Tunnel Costs Continue to Mount

Posted by Anthony F. Della Pelle under Uncategorized
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Report: ARC Tunnel costs already spiralled before project cancellation. http://ping.fm/Q0CWc

 

March 3, 2010

City of Elizabeth Ordered to Pay Motel Owner from Environmental Escrow

Posted by Anthony F. Della Pelle under Uncategorized, Court Decisions, In the news | Tags: , , , |
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The City of Elizabeth was recently ordered by New Jersey Superior Court Judge Kathryn A. Brock to permit the release of more than $350,000 to the former owner of a motel seized under eminent domain.   The monies had been held in a  Superior Court escrow account to provide funding for environmental cleanup of the property.

The City acquired the Saxony Motel, a 35-room, family-owned business on Atlantic Street in Elizabeth, by filing an eminent domain action in January, 2008.  The City offered $1.8 million for the property, but claimed that approximately $800,000 of the monies offered needed to remain in the court escrow account to provide monies to pay for the cleanup of the property, which the City claimed was contaminated by leaking oil tanks or spillage from a gas station next door.

The Van Ness family, which owned the property before the taking, was unaware of any contamination on the property during its ownership and operation of motel for over 50 years.  The Van Ness’s appraiser has valued the property at $2.5 million.  Elizabeth officials indicated that the property was taken to build a recycling facility.

Read more about this decision in an article by Julie O’Connor from The Star-Ledger. 

In this case, McKirdy & Riskin’s Anthony Della Pelle represents the property owner, The Saxony Motel and the Van Ness family, as special condemnation counsel .  Now that the City has been ordered to allow the release of the environmental escrow, the owner is hopeful that the issue of just compensation for taking of the property will proceed to a jury trial later this year.

 

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