Anthony F. DellaPelle, CRE
Anthony DellaPelle is a shareholder in the New Jersey law firm of McKirdy, Riskin, Olson and DellaPelle. He is Board Certified as a Civil Trial Attorney by the Supreme Court of New Jersey Board on Trial Attorney Certification. Tony has tried dozens of contested condemnation jury trials and handled several hundred condemnation hearings before commissioners. In recent years Mr. Della Pelle has represented property owners across New Jersey in significant condemnations against various State government agencies, including the New Jersey Department of Transportation, New Jersey Transit Corporation, New Jersey Turnpike Authority, New Jersey Schools Development Authority, New Jersey Economic Development Authority, the Port Authority of New York and New Jersey, and U.S. Army Corps of Engineers as well as various local and County agencies.
Tony has been appointed by the Superior Court of New Jersey as an expert in real estate valuation matters, has published several articles and lectures regularly, both in New Jersey and nationally,on eminent domain and real estate valuation issues. He appears often on national television, where he provides commentary on eminent domain and property rights issues around the country. He is also the author of the New Jersey Condemnation Law Blog, www.njcondemnationlaw.com, and the New Jersey Property Tax Law Blog, www.realestatetaxappealsnj.com.
Active in civic affairs, Tony serves as a Trustee of the Great Swamp Watershed Association, a land preservation trust. He recently competed a term as the President of the Franklin & Marshall College Alumni Association Board of Directors. He also has served as Trustee of Franklin & Marshall College, served for several years as Vice President and Trustee of the New Jersey Hall of Fame Foundation. He served as a member of New Jersey Governor Chris Christie’s Transition Team, and was appointed by Governor Christie to serve as a Commissioner of the New Jersey Public Broadcasting Authority, where he was Vice Chair and Treasurer for nearly all 7 years of his term.
Significant Eminent Domain and Property Rights Representations and Reported Decisions
- In the condemnation of an underground sewer easement in Hudson County, a jury awarded Mr. DellaPelle’s client just compensation totaling $5,058,900, which was nearly 10 times the amount of $523,200 originally offered for the taking by the regional sewerage authority.
- In a redevelopment taking involving commercial property near a PATH station, the redeveloper’s offer of compensation was $8,900,000. Mr. DellaPelle was able to obtain a settlement of this matter, before a condemnation complaint was even filed, in which his client was paid $16,800,000 as just compensation.
- In a redevelopment case involving oceanfront land in Monmouth County, New Jersey, the City and its designated redeveloper offered his client $422,500. Prior to trial, Mr. DellaPelle was able to obtain a settlement prior to trial whereby his client received $2,040,000 as just compensation.
- In a condemnation by the New Jersey Department of Transportation for highway widening purposes in Monmouth County, the State offered his clients $1,400 for a partial taking of their commercial property. A jury awarded his clients $63,500, more than 45 times the amount of the original offer.
- In a condemnation involving the preservation of open space of land by a County Park Commission, the County offered compensation to his client in the amount of $320,000. Prior to trial, Mr. DellaPelle obtained a settlement requiring the County to pay $1,150,000 as just compensation.
Tony DellaPelle is a frequent speaker at national and state conferences on the subject of eminent domain and property valuation. A selection of his most recent speeches and continuing legal education presentations are listed here.
- American Law Institute, Eminent Domain and Land Valuation Litigation, “,” January 2016, Austin, Texas.
- American Law Institute, Eminent Domain and Land Valuation Litigation, “Severance Damages in Partial Takings Cases: Lessons Learned and Future Considerations,” February 2015, San Francisco, California.
- American Law Institute, Condemnation 101, “Tips and Traps for the Beginning Eminent Domain Trial Lawyer,” February 2015, San Francisco, California.
- American Law Institute, Eminent Domain and Land Valuation Litigation, “Condemnation Issues in the Aftermath of Natural Disasters: Case Studies in Louisiana and New Jersey,” January 2014, New Orleans, Louisiana.
- American Law Institute, Condemnation 101, “Damages and Benefits in Partial Taking Cases: Legal Standards and Practical Considerations,” January 2014, New Orleans, Louisiana.
- American Law Institute, Eminent Domain and Land Valuation Litigation,”How to Develop and Implement a Business Plan for an Eminent Domain Practice,” January 2013, Miami Beach, Florida.
- American Law Institute, Condemnation 101, “Strategic Motion Practice: A Foundation for Winning Your Trial,” January 2012, San Diego, California.
- American Law Institute, Eminent Domain and Land Valuation Litigation, “Diamonds in the Rough: Ways To Handle the Valuation of Difficult Properties,” February 2011, Coral Gables, Florida.
A selection of Tony’s most recent written work is highlighted below. To view a complete list of his published articles, please visit here.
- “Redevelopment Reform in N.J.: What Does it Mean And Will it Work?”, 216 New Jersey Law Journal 609 (June 2, 2014).
- “Underwater Mortgages: Can Eminent Domain Bail Them Out”; Real Estate Issues, The Counselors of Real Estate, Vol. 38, Number 2 (October, 2013).
- “Working with Eminent Domain Valuation Witnesses”, The Practical Real Estate Lawyer, American Law Institute (March, 2013).
- Fifty-State Survey: The Law of Eminent Domain, (Co-Author, New Jersey Chapter), American Bar Association/First Chair Press, 1st Ed. (William G. Blake, Editor) (2012).
- “Creative Valuation Approaches for Difficult Properties” – The Practical Real Estate Lawyer, American Law Institute/American Bar Association, March 2012.
- “Proving Positional Bias“, Real Estate Litigation, American Bar Association, Section of Litigation, Spring 2011, Vol. 9, No. 2.
- “Recovering Business Goodwill in Condemnation Cases“, Condemnation, Zoning and Land Use Litigation, American Bar Association, Section of Litigation; Winter 2011, Vol. 14, No. 1.
- “Selecting Eminent Domain Experts”, The Practical Litigator, American Law Institute-American Bar Association, Vol. 21, No. 5, September, 2010.
Bar Admissions and Memberships
- New Jersey, State and Federal courts, 1987
- New York, State and Federal courta, 1988
- American Bar Association
- New Jersey State Bar Association
- Morris County Bar Association
- Member, American Bar Association, Section of Litigation’s Condemnation, Zoning and Land Use Committee
- Co-Chair, Inverse Condemnation Subcommittee
- Member, Community Builders’ and Remodelers’ Association
- Member, New Jersey State Builders’ Association, Member
- Member, Redevelopment Committee
- Faculty, New Jersey Association of Realtor’s Graduate Realtor Institute, faculty member since 1989
- Member, Urban Land Institute
- Designated Member, The Counselors of Real Estate®, www.cre.org, an international organization of real estate professionals recognized as the leading advisors in complex real property matters. Tony is among the fewer than 50 practicing attorneys who hold a CRE® designation.
- Member, Board of Directors
- Co-Chair, Education Subcommittee
- Vice-Chair, New Jersey Chapter
- Board of Directors, Owners’ Counsel of America (2015-2018)