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Legal Niches

New Jersey Eminent Domain Blog

Legal commentary on legislative issues and cases from the New Jersey Superior Courts to the United States Supreme Court, and their effect on New Jersey residents and business owners, particularly with respect to condemnation and redevelopment and their impact on private property.
By William J. Ward

Post Frequency: 0.2/day

Last Entry: June 25, 2012 at 15:59:27

Eminent domain, special benefits, and beach replenishment

Posted on June 25, 2012
The New Jersey Supreme Court has granted Certification to the Borough of Harvey Cedars in the case of Harvey Cedars v. Karan (A. 120-11). At issue in the case is the longstanding policy in eminent domain cases that does not permit off-setting general benefits against damages that ensue from easement takings for dune replenishment and blocking ocean views from the beachfront homes...

Essex County Vo-Tech eminent domain complaint dismissed

Posted on March 29, 2012
New United Corporation v. Essex County Vocational-Technical School Board of Education [A-2014-10T2] By William J. Ward and Winifred E. Campbell Yesterday the Appellate Division unanimously dismissed a condemnation complaint filed by the Essex County Vocational-Technical Schools Board of Education (ECVS) for the acquisition by eminent domain of property owned by New United Corporation, consisting of 7...

US Supreme Court ruling on due process in wetlands regulation

Posted on March 28, 2012
Challenging a wetlands designation in eminent domain cases is often a key issue for property owners attempting to obtain just compensation for the acquisition of their property. While the decision of the Supreme Court in Sackett v. EPA is not made in the context of eminent domain, the Court's findings with respect to the EPA could well be germane in cases that involve eminent domain...

Court upholds eminent domain award for beach replenishment project

Posted on March 27, 2012
Borough of Harvey Cedars v. Harvey Karan and Phyllis Karan, Superior Court of New Jersey Appellate Division - A-4555-10T3 Decided March 26, 2012 by Scott A. Heiart, Esq. Yesterday the New Jersey Appellate Division affirmed a jury award in the amount of $375,000 for the acquisition of an easement in order to construct a dune in conjunction with a beach replenishment project...

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House bill ends eminent domain for economic development

Posted on February 01, 2012
by Winifred E. Campbell, Esq. The United States House of Representatives passed with bi-partisan support H.R. 1433, The Private Property Rights Protection Act, on February 29, 2012. The bill aims to bar the federal government from using eminent domain for economic development...

Inverse Condemnation in West Long Branch, NJ

Posted on October 26, 2011
Ciaglia v. West Long Branch Zoning Board of Adjustment (A-0787-10T1) In a rare example of a case meeting the stringent standard for inverse condemnation, the Appellate Division, in a ruling issued October 25, 2011, reversed the trial court and found the circumstances of that case constituted a taking in Ciaglia v...

Fordham Law Eminent Domain Conference: Contrasting Interpretations of Blight in New Jersey and New York

Posted on February 28, 2011
By Janice Dooner Lynch, Esq. On February 11, 2011, the Fordham Urban Law Journal presented a continuing legal education conference at the Fordham University School of Law entitled, 'Taking New York: The Opportunities, Challenges, and Dangers posed by the Use of Eminent Domain in New York...

Fordham Law Eminent Domain Conference: Contrasting Interpretations of Blight in NJ and NY

Property owners in 1965 NJ beach replenishment taking will get compensation

Posted on June 24, 2010
"After finally conceding, in 2005, that a taking occurred forty-three years earlier, the Borough now attempts to hide behind the six-year statute of limitations to claim that plaintiffs have no right to an inverse condemnation action....Although physical invasion and physical taking of real property by a governmental entity ought to be notice sufficient to awaken property owners to act to protect their interest in receiving compensation for the taking, government also should provide some other form of notice to affected property owners before, and surely after, a physical taking...

New York and New Jersey need eminent domain reform

Posted on May 22, 2010
Fox Five News, Good Day New York segment, Eminent Domain Battle with Rosanna Scotto (May 21, 2010). "In recent years there has been an increase in legal challenges to the law when 'blight' is used as the primary reason by the state for a takeover...

Eminent domain won't happen on Long Branch Broadway Corridor

Posted on April 17, 2010
The Appellate Division decided a group of eminent domain cases involving the Broadway Corridor in Long Branch: Cottage Emporium, Inc., t/a, Rainbow Liquors, Gopal Panday, Davita Panday, The Lighthouse Institute for Evangelism et al v. Broadway Arts Center, City of Long Branch v...

New York State's eminent domain dilemma

Posted on December 09, 2009
Some say timing is everything. Would it have made a difference if Judge James M. Catterson published the opinion in Matter of Kaur v. New York State Urban Dev. Corp. prior to oral arguments before the Court of Appeals in the Atlantic Yards case, Goldstein v...

On the beach: SCOTUS, NJ Supremes hear eminent domain cases

Posted on December 02, 2009
Today the Supreme Court of the United States and the New Jersey Supreme Court heard oral arguments on similar issues in two different cases: Who has title to riparian land created by natural accretion of sand or a public works project to replenish beachfront property? In Stop the Beach Nourishment v...

Atlantic Yards eminent domain oral argument at New York Court of Appeals

Posted on October 14, 2009
The New York State Court Appeals heard oral arguments today in Goldstein v. New York State Urban Development Corporation, the eminent domain controversy in which a handful of property owners have tenaciously battled New Jersey Nets owner Bruce Ratner's attempt to acquire their property to develop the Atlantic Yards...

NY Court of Appeals to Hear Brooklyn Eminent Domain Case

Posted on October 13, 2009
Goldstein v. New York State Urban Development Corporation will be argued tomorrow, October 14, 2009, at 2:00 p.m. in Albany, New York. This controverisal eminent domain case challenges the Atlantic Yards project in Brooklyn. The New York State Court of Appeals will webcast the arguments live...

Move eminent domain reform in New Jersey

Posted on September 24, 2009
The litigation over Beachfront North in Long Branch may be over, but eminent domain abuse will continue unless the New Jersey Legislature acts. A comprehensive review and amendments to the statutes governing eminent domain in New Jersey are needed, including the Eminent Domain Act of 1971, the Local Redevelopment and Housing Law and the Relocation Assistance Act and regulations...

After Long Branch, NJ still needs eminent domain reform

Posted on September 19, 2009
Tom Anzalone is proud about his father's decision to save his beachfront home in Long Branch. 'He may be 92,' Tom said, 'but my father made all the major decisions. It's his house. He has that World War II fighting ethic, fighting for his rights.' On Tuesday, attorneys for the majority of property owners in the Marine Terrace, Ocean Terrace, Seaview Avenue (MTOTSA) neighborhood in Long Branch signed a final consent order of settlement in their long-standing eminent domain case...

A World War II Vet wins his eminent domain battle

Posted on September 18, 2009
"The Little Guy Wins' is a feature news segment by reporter Mary Murphy, who covered the Long Branch eminent domain story on WPIX Channel 11 last night. The video clip features Louis Anzalone, 92, who never gave up the fight to keep his home, even after his wife Lillian and other senior neighbors including Al Viviano, Mary LaConte, Anna DeFaria, and Carmen Vendetti passed away before their litigation ended...

City of Long Branch v. Anzalone eminent domain agreement

Posted on September 18, 2009
Below is the Asbury Park Press video of the court hearing on September 15, featuring the signing of the 12-page settlement agreement in City of Long Branch v. Anzalone. Later that evening, the Long Branch City Council voted 4-1 to adopt a resolution on the settlement agreement...

Settlement ends eminent domain saga for Long Branch MTOTSA homeowners

Posted on September 15, 2009
"To the outside world, my home may have been just wood and concrete, but to me, it is my whole existence...a little piece of heaven with my wife..." - Louis Anzalone, Long Branch, N.J. One year and seven days after his wife, Lillian, quietly slipped away on the porch of their beachfront home, Louis Anzalone, 92, and his neighbors on Marine Terrace, Ocean Terrace, and Seaview Avenue - MTOTSA - in Long Branch, N...

MEDIA ADVISORY: Court hearing tomorrow could end eminent domain case for NJ homeowners in Long Branch

Posted on September 14, 2009
JOINT MEDIA ADVISORY EVENT: Tomorrow's court hearing could resolve long-standing eminent domain battle for homeowners in the MTOTSA neighborhood, Long Branch, N.J. Pending resolution, homeowners and attorneys will speak to media after court hearing...

Solberg Airport condemnation reversed and remanded

Posted on September 04, 2009
In an important eminent domain opinion, the Appellate Division of the Superior Court reversed Somerset County Assignment Judge Yolanda Ciccone's decision to permit Readington to condemn the Solberg Airport property, and remanded the matter to the trial court for a hearing on the public purpose...

Asbury Park Under Construction on The Brian Lehrer Show

Posted on August 30, 2009
Listen to last Thursday's Brian Lehrer Show at WNYC-FM, featuring a segment about halted development and eminent domain in Asbury Park with Paul McEvily, associate executive director of Interfaith Neighbors, and William J. Ward, eminent domain attorney and blog author...

Inverse condemnation at the beach

Posted on August 06, 2009
In the case of Klumpp vs. Borough of Avalon, the Appellate Division unanimously affirmed the trial court decision of Judge Perskie. Judge Perskie had determined that, after the 1962 storm which destroyed plaintiff's beachfront home, the defendant Borough of Avalon took functional physical possession of the property by including it in the dune system that it constructed after the storm...

Eminent domain at the mean high water line

Posted on August 01, 2009
The New Jersey Supreme Court has granted certification to a second eminent domain case for the 2009-2010 term. The case is City of Long Branch v. Jui Yung Liu (A-0237-06T2). At the heart of this case is a question similar to those that are under consideration by the United States Supreme Court in the Florida case, Stop the Beach Renourishment, Inc...

SCOTUS grants cert in beachfront renourishment case

Posted on June 22, 2009
On June 15, 2009, the United States Supreme Court granted certiorari in the case of Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, Docket No. 08-1151. This is the Court's first sojourn into the takings issue since June 2005, when the court issued three opinions in the Kelo, Lingle and San Remo Hotel cases...

N.J. Supreme Court to hear Iron Mountain case

Posted on May 26, 2009
On May 21, the New Jersey Supreme Court granted certification to petitioner Iron Mountain Information Management, Inc. in a case which could be a precedent setting decision in eminent domain law. See the Appellate Division opinion in Iron Mountain Information Management, Inc...

NJ Supreme Court: Property owners get counsel fees on abandonment of condemnation

Posted on April 09, 2009
West Orange v. 769 Associates (A-113-07) Today the New Jersey Supreme Court unanimously decided that a condemnee may recover counsel fees and costs upon abandonment of a condemnation proceeding, pursuant to N.J.S.A. 20:3-26 (b), from the point at which the property is formally targeted for condemnation through the filing of the condemnation complaint and ensuing litigation...

Notice to commercial tenants in eminent domain cases

Posted on March 28, 2009
Iron Mountain Information Management, Inc. v. City of Newark et al (A6561-06). Download the case here. Commercial tenants are not entitled to notice provisions of the Local Redevelopment Housing Law according to a recent decision of the New Jersey Appellate Division...

Proponents of Atlantic Yards win Appellate round

Posted on March 02, 2009

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