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.
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.
Follow up: The Wacky & Wonderful World of Eminent Domain After Kelo
Posted on Oct 22, 2010 in News & Events
Yesterday’s webinar “The Wacky & Wonderful World of Eminent Domain After Kelo” packed a lot of information into one quick hour. Speakers Robert Thomas, partner at Damon, Key, Leong, Kupchak, Hastert in Honolulu, Hawaii, and Andrew Schwartz, partner at Shute, Mihaly & Weinberger in San Francisco, California, presented their opposing viewpoints on the use of eminent domain for redevelopment.
MN Supreme Court: Redevelopment authority need not have binding development agreement in order to condemn property
Posted on Jul 30, 2010 in News & Events
Yesterday, the Minnesota Supreme Court issued its opinion in Eagan Economic Development Authority v. U-Haul Co. of Minnesota, No. A08-767 (July 29, 2010). The state supreme court reversed a 2009 appellate court decision which invalidated a “quick-take” condemnation on the basis that the Eagan Economic Development Authority (EDA) exceeded its authority to acquire property via eminent domain as the city had not executed “a binding development agreement respecting the project.”
No reason to write about defamation suits over eminent domain abuses
Posted on Apr 15, 2009 in News & Events
Apparently, reason magazine was interested in running an article about developers attempts to curb free speech with respect to criticisms about eminent domain abuse. reason was considering discussing the recent defamation suits filed by a Dallas-based developer against a property owner, an author, a law professor, a publishing company and two newspapers for their comments and/or writings about an attempted taking by eminent domain of the property owner’s land for redevelopment into a luxury marina project.
Property owners fight Norfolk Housing Authority in Court
Posted on Feb 26, 2009 in News & Events
NORFOLK, VA — Trial began yesterday in Norfolk Circuit Court regarding a condemnation action initiated by the Norfolk Redevelopment and Housing Authority (NRHA). A year ago, the NRHA sought to acquire 1 residential property and 3 commercial buildings by eminent domain as part of Old Dominion University’s (ODU) proposed redevelopment master plan. ODU claimed these properties were “blighted.” However, OCA member, Joseph Waldo, the attorney representing the property owners, has argued otherwise.