Tag: New Jersey
Proposed Legislation Seeks to Amend New Jersey’s Redevelopment Law Limiting the Abuse of Eminent Domain
Posted on Mar 26, 2013 in News & Events
New Jersey has taken one step forward toward updating its redevelopment laws and enacting legislative protections for private property owners. Earlier this month the New Jersey Senate Community and Urban Affairs Committee advanced legislation that would be the first update to the state’s eminent domain laws since the landmark U.S. Supreme Court decision Kelo v. City of New London, 545 U.S. 469 (2005), in which the Court ruled that the use of eminent domain for economic development is permitted under the “public use” provision of the 5th Amendment.
Owners’ Counsel Welcomes Anthony Della Pelle as the New Jersey Member-Attorney
Posted on Mar 25, 2012 in News & Events
Owners’ Counsel of America welcomes Anthony F. Della Pelle, Esq., CRE of McKirdy & Riskin, P.A. in Morristown, New Jersey as the New Jersey member dedicated to representing landowners throughout the State. Mr. Della Pelle succeeds his partner, Edward D. McKirdy, Esq. who previously served as the New Jersey representative.
Government Restrictions on Groundwater Constitute Inverse Condemnation in New Jersey
Posted on Mar 15, 2012 in News & Events
Farmer Todd Kuehm has battled the Township of Montville for almost a decade seeking to simply use the groundwater beneath his land for irrigation. Mr. Kuehm’s 28 acre farm is located on the Towaco Aquifer which supplies water to many area residents. Despite the property’s natural water resources, Montville has prohibited Mr. Kuehm, a fourth generation New Jersey farmer, from using the groundwater to irrigate his crops.
Owner awarded approx. $25M for condemnation of private property in Harrison, NJ
Posted on Apr 15, 2011 in News & Events
In a recent arbitration, a panel of arbitrators awarded property owner, Harrison Eagle, LLP nearly $25 million for the taking of approximately 10 acres of property adjacent to the PATH commuter rail station and proximate to the Red Bull Arena in Harrison, NJ. The town’s redevelopment agency used the power of eminent domain to take the private property and convey it to a private redeveloper and as such the arbitration amount is to be paid to the owner by the developer, Pegasus Group.
New Jersey family farm threatened by eminent domain
Posted on Sep 14, 2010 in News & Events
Robert Smith’s family has owned the 100-acre Willow Pond Farm in Washington Township, NJ since 1790. Today, more than 200 years since the family began working the farm, its future as a working farm and preserved farmland is threatened by the Washington Township Municipal Utilities Authority’s (MUA) plan to condemn 0.86 acres of the property for the purpose of drilling a public well to provide water for the municipal drinking supply.
NJ Supreme Court issues opinion in “a bizarre condemnation” case
Posted on Jun 22, 2010 in News & Events
This morning the New Jersey Supreme Court issued an unanimous opinion in the inverse condemnation/regulatory takings/adverse possession case Klumpp v. Borough of Avalon, No. A-49-09 (June 22, 2010), for which the New Jersey Law Journal coined the phrase “a bizarre condemnation.”
Live Blogging of NJ Supreme Court oral argument in “bizarre condemnation” at inversecondemnation.com
Posted on Mar 22, 2010 in News & Events
Robert Thomas, OCA Hawaii Member, will be covering the oral arguments in Klumpp v. Borough of Avalon, No. A-49-09 (certification granted Nov. 10, 2009) before the New Jersey Supreme Court today beginning at 11:00 AM (EDT). The New Jersey Supreme Court will review the decision of the Appellate Division which held that the government can assert inverse condemnation in order to acquire private property without compensation.
Victory for Long Branch Homeowners
Posted on Sep 16, 2009 in News & Events
The Institute for Justice announced this week that IJ lawyers had reached an agreement with Long Branch attorneys settling the eminent domain actions filed almost five years ago against a group of homeowners whose properties lie along Marine Terrace, Ocean Terrace and Seaview Avenue (MTOTSA) in Long Branch.
NJ appeals court finds business losses are compensable in temporary takings
Posted on Sep 9, 2009 in News & Events
A New Jersey appeals court recently ruled that business losses resulting from a temporary taking of commercial property for the repair of public infrastructure must be compensated. In it’s August 27, 2009 opinion, the appellate court upheald a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of compensation failed to consider the business losses. The appellate court, in State v. Arifee, A-5633-07, adopted a U.S. Supreme Court ruling that “an exercise of the power of eminent domain which has the inevitable effect of depriving the owner of the going-concern value of his business is a compensable ‘taking’ of property.”
New twist in eminent domain dispute between neighboring New Jersey towns
Posted on Feb 16, 2009 in News & Events
On Friday, NorthJersey.com reported that the city of Fairview may drop its opposition to the neighboring town of Cliffside Park’s condemnation of private property in Fairview’s jurisdiction. We previously posted an AP article about the dispute between the boroughs of Fairview and Cliffside Park regarding Cliffside Park’s attempt to take private property in Fairview. (See post January 21, 2009: “Eminent domain dispute between New Jersey towns; Property owner caught in the middle.”)