Tag: New Jersey eminent domain law


Divided NJ Supreme Court Eases Requirements for Development Area Designation

In 62-64 Main Street, LLC, et al. v. The Mayor and Council of the City of Hackensack, the Supreme Court of New Jersey held that, in most instances, a municipality need not expressly find that deteriorated conditions on a property negatively affect surrounding properties, in order to declare the deteriorated

What Is the Proper Valuation Date Under New Jersey’s Eminent Domain Law?

What Is the Proper Valuation Date Under New Jersey’s Eminent Domain Law?

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

New Jersey municipal zoning attorney

Executive Order Will Expedite Dune Construction

Gov. Chris Christie has signed an executive order that will help New Jersey municipalities move forward with dune construction, beach replenishment, and other flood risk reduction measures in the wake of Hurricane Sandy. The action is intended to facilitate the acquisition of privately owned land that is needed to complete

NJ eminent domain law

Court Rules NJ Condemning Authorities Do Not Have to Negotiate With Mortgage Assignees

New Jersey still has a large inventory of foreclosed properties. As a result, many municipalities are seeking to condemn the properties for redevelopment and other purposes. In a recent decision, the Appellate Division clarified that that a New Jersey condemning authority is not obligated to negotiate with the assignee of

When Does a Taking Occur Under New Jersey’s Eminent Domain Law?

The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality