Monthly Archives: April 2016

Owners’ Counsel of America wishes to congratulate OCA Members Anthony F. DellaPelle and Edward D. McKirdy, partners with McKirdy & Riskin, PA, on the honor of being included in the Top 100 2016 New Jersey Super Lawyers, a distinction both have earned annually since 2009.  Anthony DellaPelle is the New Jersey member of Owners’ Counsel of America (OCA) and serves on OCA’s Board of Directors.  Edward McKirdy is an Emeritus Member of OCA, having represented the State of New Jersey for over a decade in OCA’s nationwide eminent domain lawyer network. 

As we have previously discussed, beachfront property owners in New Jersey are currently in a battle with the state’s Department of Environmental Protection over the department’s efforts to condemn portions of their property for a beach-widening and dune-building project along the New Jersey shore. While the Department of Environmental Protection asserts that the project is necessary to protect the shore from future storms similar to 2012’s Hurricane Sandy, the property owners counter that there are better alternatives available. They also assert – among other arguments – that the Department of Environmental Protection has refused to offer just compensation for its exercise of eminent domain.

In some inverse condemnation cases (in which the government takes private property without properly exercising its power of eminent domain), the taking involves some sort of constructive use, such as the building of a road, sidewalk, utility infrastructure or park. These uses are most often intended to be permanent – and whether the taking involves a transfer of ownership or establishment of an easement or right-of-way, the private landowner loses some or all of his or her property rights for good. But, what happens when the government comes onto private property, temporarily floods it, and then leaves? Does this constitute a taking requiring payment of just compensation? The U.S. Supreme Court thought so 2012, and a California appellate court recently agreed.

“Nobody’s gonna remember how long it took. They’re only gonna look and see that it was done.” – New York Mayor Michael Bloomberg, on the use of eminent domain to build the Barclays Center sports arena and mixed-use development in Brooklyn While attending an eminent domain CLE In 2011, we previewed a “rough cut” of a documentary film chronicling the story of Brooklyn property owner, Daniel Goldstein, and his neighbors as they struggled to save their homes, businesses and community in the heart of Brooklyn from being taken by eminent domain for the Atlantic Yards Project, a massive real estate development project including 16 skyscrapers and a basketball arena for the New Jersey Nets.  This award winning film, Battle for Brooklyn, made the Academy Awards Shortlist for Best Documentary in 2012 and will be screened at the Jacksonville Documentary Film Festival, Sunday, April 17, 2016 at 1:00 PM at Sun-Ray Cinema. About the Film BATTLE for BROOKLYN “Battle for Brooklyn” is a close-range look at a community’s seven-year fight to stop the use of eminent domain to take their homes and businesses for the construction of a mixed-use development including a basketball arena for the New Jersey Nets and commercial towers. The film is a compelling story about the abuse of eminent domain and how this awesome power intended for the public good can destroy a community The film follows Daniel Goldstein, a property owner turned activist, whose apartment sits at what would be center court of the new arena. He is dragged into the fight because he simply can not believe that the […]

As a United States citizen, the U.S. Constitution, federal laws and the Constitution and laws of your state protect you against government intrusion upon your private property.  While the Fifth Amendment to the U.S. Constitution establishes that government authorities may use the power of eminent domain to take private property, the Fifth Amendment limits the power of eminent domain by requiring that the taking of private property be for a public purpose and that just compensation is paid to the property owner.  Additionally, condemning agencies must follow specific procedures or steps when exercising the power of eminent domain.  While these procedures vary from state to state, there are some basic steps which we discussed in a previous post here (discussing the differences between eminent domain and inverse condemnation). What if the government simply takes your property? While this may sound far-fetched, if it has happened to you, you know all too well that government agencies do not always play by the rules. In this situation, private property owners can defend their rights through a type of legal action known as “inverse condemnation.”

The William & Mary Property Rights Project recently announced that Peruvian economist Hernando de Soto, president of the Institute for Liberty and Democracy (ILD), will receive the 2016 Brigham-Kanner Property Rights Prize at the 13th annual Brigham-Kanner Property Rights conference October 2016.  The Property Rights Project also announced its cooperation with the Grotius Centre for International Legal Studies of Leiden Law School and plans to host this years event in The Hague.