The post The Origin Story of Carlin, Ward, Ash & Heairt, LLC appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>To name one: Ash recalls an early eminent domain case against rivals Bill Ward and Scott Heiart, which had them walking between tall trellises, counting the amount of intertwined Korean pear trees dangling down their unique — and difficult, if not impossible, to value — crisp fruits in an orchard by the New Jersey Turnpike.
The Turnpike, and the governmental side Ash represented, needed to acquire 25% of the orchard (nestled next to a rest stop between Turnpike exits 7 and 7A), while Ward and Heiart represented a Korean immigrant who was the orchard’s longtime owner.
“We were able to get that done, including spending all day counting crops together in the orchard, and a lot of research on that produce and what the real estate was worth,” he said. “And, what I found in those experiences is that there aren’t too many adversaries I can think of that could so professionally collaborate in a way that still represented our own client interests.”
That memory was one of the many battles Ash, who was an attorney at Paramus-based DeCotiis, FitzPatrick, Cole & Giblin LLP, waged with Ward and Heiart. And, not just because of how sweet those softball-sized fruits were, it’s one of his career’s fondest.
One of his first cases against them was back in 2004, shortly after he first started practicing law. They’d go on to represent opposing interests in land disputes that spanned the Jersey Shore to Hoboken’s high-rises.
Throughout it all, there was a mutual respect that would one day lead to them joining forces.
“It’s not so much that other adversaries lack professionalism, so much as that we had an abundance of it,” Ash said. “That sort of relationship is special and increasingly rare in the practice of law today, as things have gotten pretty anonymous (during the pandemic).”
Ash is one of the partners now of Carlin, Ward, Ash & Heiart LLC. It’s a culmination of the switch he made three years ago from representing governmental agencies to property owners on the other side of disputes.
“I didn’t feel so conflicted about switching sides, as it’s something of a natural progression,” he said. “Having the ability to see an area of law from multiple perspectives — and the motivations from either side of an issue — makes for a more robust practice and makes an attorney really a practice expert.”
The Florham Park-based law firm’s team includes just a handful of lawyers, but they’re well staffed for what their needs are: Picking up New Jersey’s available eminent domain work as a boutique firm.
That work, as evidenced by the fact that one of Ash’s colleagues was on a call about the Gateway plan that would shore up rail infrastructure between Newark and Penn Station in New York City during his ROI-NJ interview, is going to be in high demand over the next few years.
The federal infrastructure bill is largely to thank for that.
“Certainly, as these projects are announced, it’s going to increase the need for additional real estate and available eminent domain work,” Ash said. “We’re well suited to taking on that while still staying small, which allows us to be a little more entrepreneurial than the big boys.”
Even as the trend in the legal sector is toward consolidation between firms, Ash sees his new home as a comfortable one.
“Our goal is to be a top firm in this practice area as a small, niche firm,” he said.
The post The Origin Story of Carlin, Ward, Ash & Heairt, LLC appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>The post If my property is taken by eminent domain, can I get compensation? appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>Whether you own the property as part of a business or as an individual, you likely invested a sizable amount of money into that land. When the government takes it, you may feel as though you wasted that investment on land you can no longer use.
However, by law, the government has to give you “just compensation” for the land they took.
In a perfect world, “just compensation” would mean that you would receive the same amount of money you originally paid for it.
Unfortunately, we do not live in a perfect world.
The government determines the amount of compensation based on fair market value. The state of New York claims that fair market value corresponds to the highest amount of money you could get for the land if you sold it. Since the real estate market fluctuates constantly, the government’s definition of fair compensation could change based on when the appraisal occurs.
If the government only takes part of your land, you may receive “severance damages.” When you lose a portion of your land to eminent domain, the land that remains may see a decrease in value. By paying severance damages, the government seeks to repay you for that reduced value.
Landowners and the government do not always agree on the fairness of just compensation and severance damages. If you disagree, you can file an appeal through the State Court of Claims. You have three years from the date you received the eminent domain notification to file a claim.
If you want to contest a compensation offer, speak with an eminent domain professional to learn more about your legal options.
The post If my property is taken by eminent domain, can I get compensation? appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>The post Is it possible to stop eminent domain? appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>The government has the right to seize your property through eminent domain. However, you also have the right to fight this decision in court. If you don’t want to lose your property, an attorney can often help you contest the government’s decision.
To win the case, the government might have to prove that taking your property will benefit the public in some way. For example, they might argue that they need your land so they can build another road, easing congestion on the highway. The government might also have to prove that they need all the land that they’ve requested. If they don’t need your entire property to build the public space, you might be able to keep some of your land.
The government also has to follow the procedures that are outlined in state laws. If they violate your rights in any way, your attorney might be able to use that against them in court. Additionally, the government must be taking the land in “good faith,” not as punishment or retaliation for a crime.
You can also argue about the amount of compensation. However, disagreeing on the amount that the government offered won’t stop the process of eminent domain. Ultimately, the court might decide how much money you should receive for your land.
The legal process is so complex that it’s best to meet with an attorney when you find out that the government wants to seize your land. An attorney could help you challenge the process and possibly stop it altogether.
The post Is it possible to stop eminent domain? appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>The post Contingencies are common in CRE contracts appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>The ability of a buyer to access funding is a critical component of any real estate deal. The simple truth is that no transaction can happen if expected funding sources do not come through for the buyer. Both parties should possess the right to void a real estate contract if the buyer’s funding falls through.
Title problems are another issue that can quickly stall a real estate transaction. Several factors can result in the title situation becoming murky for a commercial property. Potential conflicts include public record errors, missing heirs, unknown liens, and other issues. A title contingency will protect both buyers and sellers from unexpected title issues.
Surveying the property will provide buyers with details regarding their proposed acquisition. The size and location of the property represent issues discussed before it is time to sign a contract, but a survey will confirm this information. Other information revealed through surveys might include the availability of utilities, access to public roads, and identifying any easement that may affect how a buyer can use the property.
Survey contingencies should specify which party will pay for the survey. The clause should also say how much time a seller will have to address fixable problems uncovered by a survey.
A thorough inspection of a property will provide a detailed account of its physical condition. Most inspections do not uncover serious issues, but there are times when property inspections reveal a problem for a buyer. Including an inspection contingency in a commercial real estate contract allows buyers to void a deal if an inspection uncovers a problem they cannot handle.
Buying and selling real estate represents a complex transaction for parties on both sides of the table. It may help to consult an attorney before becoming involved with real estate negotiations.
The post Contingencies are common in CRE contracts appeared first on Carlin, Ward, Ash & Heiart LLC.
]]>