Daniel M. Lehmann, who practices eminent domain law and real property valuation, discusses a decision in New Jersey where the court did not automatically approve the governmental attempt to exercise eminent domain without legitimate consideration. The case highlights for the practitioner the difference between New York's and New Jersey's judicial treatment of a private property owner challenging the use of eminent domain. This case also alerts the practitioner to the possibility that New Jersey courts, unlike New York courts, are on a path toward providing the private property owner with greater constitutional protection.
December 28, 2016 at 02:02 PM
1 minute read
If the government wants private property, the government can take the property using eminent domain. In New York, the private property owner can do little to stop the government.
However, on Aug. 5, 2016, the New Jersey Superior Court denied the government’s use of eminent domain. The court did not automatically approve the governmental attempt to exercise eminent domain without legitimate consideration.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!
Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.
Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...
Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...
Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
