Irvington, New Jersey, is plagued by residents with underwater mortgages, homes in foreclosure and residences left abandoned. In response, the Township Council has authorized the mayor and administration to use eminent domain to acquire properties with mortgage problems. Eminent domain is the procedure whereby governments are allowed to acquire property
A recent New Jersey Superior Court decision sheds lights on the appropriate date for valuing condemned property pursuant to the Eminent Domain Act of 1971. In Hoboken v. Ponte Equities, the court held that early actions by a municipality to condemn a property do not fix the date; rather, market
The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property
Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes. The bill, S-2618/A-3896, would amend the “Eminent Domain
