Real Estate & Property Law

Live Blog Of New Jersey Supreme Court Oral Argument In Klumpp v. Borough of Avalon (The "Bizarre Condemnation")

By Robert Thomas (inversecondemnation.com)

Technology permitting, we are live blogging today's oral arguments in in Klumpp v. Borough of Avalon, No. A-49-09 (certification granted Nov. 10, 2009).

That's the case in which the New Jersey Supreme Court is reviewing the decision from the Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation. (If that leaves you scratching your head, you are not alone -- the New Jersey Law Journal called the decision "a bizarre condemnation." More about the case here, including links to the Appellate Division's per curiam opinion and the merits and amici briefs.

The court's web site states the issue simply:

May a municipality occupy a property and obtain title through inverse condemnation without initiating condemnation proceedings under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50?

Arguments are set to begin at 11:00 a.m., Monday, March 22, 2010 in Trenton. Although we are on the road, we're not on the road in New Jersey. But through the miracle of technology, we look forward to following along via the court's live webcast site.

At about 10:55 a.m., we will go live in the window below. Hope you can be here and follow along. This argument should be interesting.

Full post as published by inversecondemnation on March 22, 2010 (boomark / email).