Real Estate & Property Law

New Jersey Supreme Court Will Review The "Bizarre Condemnation"

By Robert Thomas (inversecondemnation.com)

According to this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners' petition (available here), and will review the unpublished decision by the Appellate Division in Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam).

This is the decision the New Jersey Law Journal labeled "A Bizarre Condemnation" in a recent article. We called the decision "kafkaesque," since we couldn't quite figure how the appellate court reached the conclusion which it did. 

Why the perjorative labels?

The appellate division held that the government can assert inverse condemnation in order to take property without compensation.

Confused? You are not alone. Here's our recipe for straightening yourself out:

Start here, our summary of the appellate division's decision. Then, read the property owners' petition for review. Next, read the NJ Law Journal's critique (the aforementioned "Bizarre Condemnation"), and the Atlantic City newspaper's summary, complete with a photo and map.

Finally, review the amici briefs which were filed supporting the property owners:

• Brief Amicus Curiae of Builders League of South Jersey, Inc. In Support of Petitioners

• Brief of Proposed Amicus Curiae New Jersey Land Title Association in Support of Petition for Certification

Then, take a deep breath, and wait for the cavalry to arrive. Hopefully, the New Jersey Supreme Court will see this case the same way we do.

Oral arguments have not yet been scheduled.

Full post as published by inversecondemnation on November 16, 2009 (boomark / email).