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Electricity Shocks Property Owners, But Not The Court
Shock Treatment Insufficient to Constitute Inverse Condemnation Yesterday, a New Jersey appellate court affirmed a jury verdict awarding $195,000 in “nuisance” damages to a Brick Township couple, but...
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Prior Owner’s Assent Does Not Defeat Inverse Condemnation Claim
Ciaglia v West Long Branch – Inverse Remedy Awarded by Appellate Division Yesterday, the Appellate Division of New Jersey’s Superior Court reversed a trial court that had dismissed a property owner’s...
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New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain
Today’s Daily Record featured this article by reporter Cara Townsend which highlighted Todd Kuehm, a fourth generation New Jersey farmer, and his fight against the Township of Montville’s use of...
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Inverse Condemnation Defeated: Wildwood Property Owner Fails to Exhaust...
On Friday May 18, 2012, a New Jersey appellate court affirmed – and published – the trial court’s decision in Dock Street Seafood, Inc. v. City of Wildwood, ___ N.J. Super. ___ (Law Div. Docket No....
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US Supreme Court: Temporary Flooding May Constitute a “Taking”
Photo courtesy: www.agfc.com Today, the United States Supreme Court issued its unanimous decision in the case of Arkansas Game and Fish Commission v. United States (No.11-597). The Court concluded...
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Rebuilding After Sandy: Government Assistance At Odds With Private Property...
The following quote is attributed to President Ronald Reagan: One example of government assistance post-Hurricane Sandy was the removal of an entire house because it was allegedly in the right of way:...
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Arkansas Fish and Game – Remand Briefs
As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission,...
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Government Can’t Make Developers “Show Them the Money”
Big Win For Property Rights in US Supreme Court Yesterday, the United State Supreme Court issued a decision which has caused property rights advocates and developers to rejoice, and is likely to...
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Hoboken Property Owner’s Inverse Condemnation Claim Fails
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use...
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Netherlands v State – Regulatory Taking Denied
“The State may not put so potent a Hobbesian stick into the Lockean bundle.” Palazzolo v. Rhode Island, 533 U.S. 606, 627 (2001). That was the United States Supreme Court’s response thirteen years ago...
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Federal Judge Restrains Government Action On Dune Project in Margate
Yesterday, a United States District Court judge restrained the U.S. Army Corps and NJDEP from any further action towards their joint Little Egg Inlet to Barnegat Inlet Storm Damage Reduction Project...
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North Carolina Court Finds “Map Act” Filing Equates to a “Taking”
Under North Carolina statute, once the department of transportation files a map depicting a future taking, “no building permit shall be issued for any building or structure or part thereof located...
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Just Compensation Affirmed for a “Lost Tree” in Florida
The Federal Circuit of Appeals issued its opinion in Lost Tree Village Corp. v. United States, a regulatory takings case, on June 1, 2015. Our Owners’ Counsel colleague Robert Thomas beat us to the...
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Restrictive Covenant in NY Zoning Approval Presents Prima Facie Case of...
As reported by our Owners Counsel colleague, Mike Rikon, the New York Appellate Division reversed a Supreme Court ruling that had dismissed a regulatory takings claims in Blue Is. Dev., LLC v Town of...
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Grand Central Sues Over Air Rights Taking
In retaliatory fashion, the owner of Grand Central Station has sued the City of New York, et al. because of a recent approval that would allow its neighbor to construct a 1,000 foot high office tower....
View ArticleRelevant Parcel Question on the U.S. Supreme Court Docket for 2016
Last week, the Court granted a cert. petition, which presented the following question: “In a regulatory taking case, does the “parcel as a whole” concept as described in Penn Central Transportation...
View ArticleSCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant...
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking. Because the test for regulatory takings require the courts to compare...
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