Real Estate Law

Recent Posts

Eminent Domain for Urban Revitalization Five Years After Kelo
Posted on 26 Aug 2010 by Steven J. Eagle

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... Read More

Steven J. Eagle on the Extent of Diminution in Value Required to Constitute a Partial Regulatory Taking
Posted on 13 Mar 2008 by Steven J. Eagle

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... Read More

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

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... Read More

Redevelopment Revamped: Amendments to the Local Redevelopment and Housing Law Become Law
Posted on 17 Sep 2013 by Peter J. Gallagher

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... Read More

Paula A. Franzese on Eminent Domain and Goldstein v. Pataki--The Possibility of Heightened Judicial Scrutiny Relating to "Pretext" Public Use Challenge
Posted on 27 Feb 2009 by Paula A. Franzese

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... Read More

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

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... Read More

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 10, 2013 Update
Posted on 13 May 2013 by Andrea Lee Negroni

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,... Read More

Harvey Cedars v. Karan: Condemnation at the Shore and the Evolution of the Common Law
Posted on 27 Aug 2013 by J. Wylie Donald

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... Read More

Court Strikes Down Town’s Attempt To Invoke Eminent Domain Power For Improper Purpose
Posted on 10 Jun 2015 by Williams Mullen

By Gilbert "Gib" C. Laite, III In Town of Matthews v. Wright , COA14-943, April 21, 2015, [ enhanced version available to lexis.com subscribers ], the Town of Matthews filed a condemnation action to take the small portion of a road fronting... Read More

Municipality Need Not Negotiate With Mortgage Holder Before Condemning Property
Posted on 21 Aug 2014 by Peter J. Gallagher

Last year, we told you about a decision from the Appellate Division holding that a condemning authority does not have to engage in bona fide negotiations with a mortgage holder that has obtained final judgment on the property that the authority is seeking... Read More