Steven J. Eagle on the Extent of Diminution in Value Required to Constitute a Partial Regulatory Taking

Professor Steven J. Eagle discusses the New York appellate court’s decision in Noghrey v. Town of Brookhaven , 2008 N.Y. App. Div. LEXIS 1329 (Feb. 13, 2008), which was an action to recover damages for a regulatory taking of property without just compensation. The commentary focuses on the key...

Paula A. Franzese on Eminent Domain and Goldstein v. Pataki--The Possibility of Heightened Judicial Scrutiny Relating to "Pretext" Public Use Challenge

In Goldstein v. Pataki , 516 F.3d 50, 2008 U.S. App. LEXIS 2241 (2nd Cir. 2008), the City of New York condemned private property to make way for a sporting arena. In an action challenging the condemnation, the Second Circuit noted that a pretext argument could provide a sound basis for a public use challenge...

Eminent Domain for Urban Revitalization Five Years After Kelo

Get the latest Emerging Issues Analysis on Kelo v. City of New London , 545 U.S. 469 (U.S. 2005) , the landmark U.S. Supreme Court decision holding that condemnation of non-blighted homes for retransfer for private urban redevelopment did not violate the Fifth Amendment's Public Use Clause. In...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – September 15th, 2011 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – February 4th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 10, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Harvey Cedars v. Karan: Condemnation at the Shore and the Evolution of the Common Law

If you were a municipality that had to take action and condemn private property for the public good to avert disaster, before you got to court you would be particularly pleased to be able to say, "See, I told you so," pointing to an avoided calamity. When one New Jersey beachfront community...

Redevelopment Revamped: Amendments to the Local Redevelopment and Housing Law Become Law

On September 9, 2013, Governor Christie signed legislation intended to codify controlling New Jersey case law and make redevelopment a more politically viable tool to spur economic development. Prior to the enactment of the Assembly Bill 3615 , all area in need of redevelopment designations pursuant...