Monthly Archives: September 2019
September 27th, 2019 — In News & Events
Homeowner Gets $380K After NJ Tried to Take Half His Oceanfront Property for Just $750
A New Jersey homeowner has been awarded $380,000 for the taking of part of his property for a storm protection project after being offered $750 for the same property by the State. In a trial that ended Thursday, Kevin Klingert was awarded the money for the loss of about half his oceanfront property in Brick Township. OCA Member attorney Anthony Della Pelle says about 75 similar cases remain pending in Ocean County from homeowners challenging compensation offered by the state. “They took approximately half the property to build a 22-foot dune, but the property had existing dunes, created by the owner, that were 19 and a half feet high already,” Della Pelle said.
September 23rd, 2019 — In News & Events
OCA Files Amicus Brief in North Carolina Map Act Case
Many will recall the infamous Map Act that was adopted in North Carolina during the 1990’s. As a result the North Carolina Department of Transporation (NCDOT) recorded corridor maps that restricted the use of property in the path of several future road projects similar to negative easements. Although the North Carolina General Assembly repealed the maps in 2016, the North Carolina Supreme Court ruled that these restrictions amounted to takings by inverse condemnation. NCDOT is now initiating actions to physically take some of the properties to build roads and highways. The legal issue now presented is how to value these properties in determining just compensation after they have been impacted by the Map Act for years? OCA’s recently filed Amicus Brief (which you can read here) seeks to assist the North Carolina Supreme Court in addressing this issue to ensure that all impacted landowners receive proper just compensation.