Local Redevelopment and Housing Law Amended to Add New Criteria
Michael J. Ash, Esq., CRE.
On August 9, 2019, Governor Phil Murphy signed new legislation into law that amends the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-5, to include new criteria for designation of an “area in need of redevelopment”.
A Legal Framework for AV Implementation
By Michael J. Ash, Esq., CRE (The Parking Professional 2019)
The prospect of fully autonomous vehicles creates an opportunity to reshape all aspects of modern life. As AVs move from the workshop to the real world, on-road testing and early deployments will be critical to improving performance to accurately detect and anticipate complications. However, to realize the full potential of...
Appellate Court Limits Scope of Redevelopment Takings
by Michael J. Ash, Esq., CRE.
On January 7, 2019, the appellate division reversed a taking for redevelopment purposes and limited the scope of what constitutes a valid public purpose in a redevelopment context.
Developer Agrees To Pay Family In Eminent Domain Case $21M
Jersey Journal , July 19, 2012. By Terrence McDonald
“The city paid the family $1.2 million for the waterfront property. But a jury in 2008 determined the actual fair market value to be $18 million, which with interest has risen to $21 million. “The Kerrigans, seeking payment of the four-year-old judgment, sued Mocco, the JCRA and the city last...
Long Branch Homeowners Win Eminent Domain Fight
NJ Biz, September 21, 2009. By Shankar P.
Long Branch Homeowners Win Eminent Domain Fight, NJ Biz, September 21, 2009. By Shankar P. A group of 13 residential property owners, in Long Branch, won a six-year court battle to keep their homes from being condemned by the city administration, reaching a settlement with the city early last week….The settlement...
New Cases On Top Court’s Docket Test Privilege, Deposition Boundaries
New Jersey Law Journal, August 31, 2009. By Henry Gottlieb
“… Iron Mountain Information Management v. Newark, A-100-08, raises this question: When property is taken under the Local Redevelopment and Housing Law, is a commercial tenant with an option to purchase and right of first refusal in its lease agreement entitled to the same notice as the property owner? The appellant...
Environmental Cleanup in Real Property Valuation
by James M. Turteltaub.
New Jersey Law Journal, Environmental Law (August 27, 2007). Environmental contamination can have a significant impact on the just compensation received by a property owner in a condemnation case.
Seminar Explores Eminent Domain
The Home News Tribune, April 18, 2007.
Tuesday’s seminar, sponsored by Lorman Education Services, touched on many aspects of eminent domain. It was moderated by William J. Ward, of Carlin, Ward, Ash & Heiart LLC law firm in Florham Park, who invited distinguished panelists including state Sens. Ron Rice, D-Essex, and Ellen Karcher, D-Monmouth, Mercer. Among presentation topics were: case-law...
Fuzzy Math: Eminent Domain Property Acquisition For The Newark Arena Pushes Out Small Business Owner
The Star-Ledger, March 20, 2007. (Business Section)
For the past 22 years, Aguayo’s company, Multicolor, has been manufacturing pom poms of various colors and sizes from his shop on Liberty Street in Newark…..But Aguayo has become a casualty of eminent domain and development plans surrounding the Prudential Center arena, which is under construction. He is packing up...
Owner Contests Value Set For Beachfront Home: Commissioners Put Value Of Home Below City’s Offer, Atlanticville
March 15, 2007.
Attorney William J. Ward filed an appeal in Superior Court last week stating that the value set by condemnation commissioners was far from what his client Frances DeLuca would accept for her Ocean Terrace home with an ocean view. “$750,000 is just not what we are looking for,” said Ward in an...
Eminent Domain: Getting Noticed
New Jersey Lawyer InRe Magazine, February 26, 2007.
Municipal attorneys routinely oppose any prerogative writ action filed beyond the 45 days permitted in the Local Redevelopment Housing Law (LRHL) 40A:20-1 et seq. In order to challenge a municipal action, a property owner must file a prerogative writ suit within 45 days of the action of the municipality declaring...
Brief Seeks Dismissal Of Condemnations
Attorneys argue city gave control to developers. Atlanticville, February 15, 2007
….”I would be astonished if the appellate court, at the very least, did not overturn the trial court decision and allow for discovery to permit evidence in a real hearing,” said Institute for Justice (IJ) Senior Attorney Scott Bullock in an interview last week. “I ultimately see the MTOTSA homeowners...
Passaic Erred In Seizing Property, Court Says
Herald News, February 15, 2007
He’s an average Joe who fought the law and won. When the city attempted to take away his property through eminent domain, Charles Shennett fought back. Now, the state’s appellate court has sided with him. The court said the city’s taking of Shennett’s property at 254 Summer St. was void,...
Businesses Want Designation Voided
Union Leader, February 7, 2007
About 20 property owners in Union Center have asked the Superior Court of New Jersey to nullify the township’s designation of Union Center as “an area in need of redevelopment.” In two lawsuits filed Friday by the law firm of Carlin, Ward, Ash & Heiart LLC, the landlords also asked the...
Lawsuit Seeks To Block Eminent Domain
The Star-Ledger, Union County, February 2, 2007
A coalition of property owners filed suit yesterday against Union Township to prevent officials from using eminent domain as part of a sweeping proposal to transform the township’s aging shopping district…. William Ward, a Florham Park attorney representing the 20 property owners, said the one and two-story brick buildings that...
Long Branch Spurns Advocate’s Brief
The Asbury Park Press, Monmouth County, January 27, 2007
Like they did with the Institute for Justice some months ago, city officials are trying to get state Public Advocate Ronald K. Chen out of the oceanfront eminent domain controversy….[Lawrence H.]Shapiro is seeking to have Chen’s brief thrown out in the case of Louis and Lillian Anzalone of Ocean Terrace,...
Forest City Daly Out As Redeveloper, Officials Say
Local Source-Independent Press, Bloomfield, January 25, 2007
…The removal of Forest City Daly formally ends the redevelopment plan that has been in the works since 2003. The plan had come under fire from a core group of six property owners who had claimed they had not been notified – or in some cases, were intentionally misled –...
Staying The Course Of Long Branch’s Eminent Domain Seizures
The Atlanticville, Long Branch, Editorial, December 20, 2006
If a stay is not issued by the trial court, a property owner must seek relief from the Appellate Division of the Superior Court. The standard for issuing a stay in the Appellate Division is difficult to meet and rarely given. The standard for injunctive relief was established by the...
Stay Granted In Long Branch Condemnation
The Hub, Red Bank, November 22, 2006
A state Appellate Court has ordered the city to hold off on using eminent domain to seize a beachfront home for a redevelopment project. An order granting a stay of the city’s pending condemnation action against Louis and Lillian Anzalone’s Ocean Terrace home was signed Nov. 16 by Appellate Judges...
Kelo Fallout: New Jersey Legislators And The State Public Advocate Launch Efforts To Reform The Use Of Takings For Private Development
The New Jersey Law Journal, May 29, 2006 [PDF]
Kelo Fallout: New Jersey Legislators And The State Public Advocate Launch Efforts To Reform The Use Of Takings For Private Development …A bevy of bills have been introduced in the Legislature, some of which call for constitutional amendments to either limit or outright ban takings of property for redevelopment. And...
KO’ing Kelo
The New Jersey Lawyer, December 5, 2005 [PDF]
KO’ing Kelo We’re witnessing the Kelo-Effect – a corollary to Sir Isaac Newton’s Third Law of Motion which states, “For every action there is an equal and opposite reaction.” The public, waking up to the possibility that homes and small businesses could be taken for private gain, is galvanized as never...
Evicted By City, Man To Have Day In Court
The Atlanticville, October 13, 2005
LONG BRANCH – A city resident whose home was taken for oceanfront redevelopment through eminent domain proceedings was scheduled to have his day in court Tuesday. Bruce MacCloud owned a three-story, 17-room, 100-year-old Victorian home at 47 Cooper Ave., just 300 feet from the beach, according to his attorney, William J....
Not All Ripe For The Taking
The New Jersey Law Journal, August 8, 2005
A Superior Court judge voided Bloomfield’s attempted condemnation of commercial property, near a rail line to Manhattan, for which developers planned a condominium complex….Assignment Judge Patricia Costello found that the township’s designation of the site as “blighted” did not comport with the state Local Redevelopment Housing Law. “The record in...
A Real Property Tax Appeal Primer
Michael J. Ash, Esq.
Carlin, Ward, Ash & Heiart, LLC By Michael J. Ash, Esq., CRE Introduction. In late January, early February, property owners around the State will be receiving notices of their 2023 real property tax assessment. This article is a primer on understanding the notice of assessment, determining the value at which...
Jury raises price for city on condemnation
Atlanticville , July 25, 2003
A jury has given Fred and Dorothy Strahlendorf what they say Long Branch would not-a fair price for their home On July 15, a six-person sitting in Superior Court Judge Ronald L. Reisner’s Freehold courtroom ruled that the $179,000 value the city placed on the Strahlendorf’s two-story home was not...
Podcast Episode 88 – Scott Heiart and Michael Ash: Coming Together from Across the Eminent Domain Aisle
Happy 100th Birthday to the Hess triangle! When New York City created 7th Avenue South through Greenwich Village, over 200 properties were acquired by eminent domain. After the takings were completed and the roadway constructed the owners of the adjacent property on the corner of 7th Ave and Christopher Street...
Hey Hoboken, Weehawken would like a word. Weehawken officials told The Jersey Journal Thursday they plan to challenge Hoboken’s eminent domain grab of the Union Dry Dock property and have hired an attorney to kick off the process. The decision puts a snag into what Hoboken had recently declared as...
CWAH attorneys were included in RE-NJ’s Top Property Tax Appeal Attorneys. See the firm’s profile here: https://re-nj.com/flipbook/SL2022_TopLawFirms/RENJ_SL_11_22_Combo.html
Developer Agrees To Pay Family In Eminent Domain Case $21M
Jersey Journal , July 19, 2012. By Terrence McDonald
“The city paid the family $1.2 million for the waterfront property. But a jury in 2008 determined the actual fair market value to be $18 million, which with interest has risen to $21 million. “The Kerrigans, seeking payment of the four-year-old judgment, sued Mocco, the JCRA and the city last...
Long Branch Homeowners Win Eminent Domain Fight
NJ Biz, September 21, 2009. By Shankar P.
Long Branch Homeowners Win Eminent Domain Fight, NJ Biz, September 21, 2009. By Shankar P. A group of 13 residential property owners, in Long Branch, won a six-year court battle to keep their homes from being condemned by the city administration, reaching a settlement with the city early last week….The settlement...
New Cases On Top Court’s Docket Test Privilege, Deposition Boundaries
New Jersey Law Journal, August 31, 2009. By Henry Gottlieb
“… Iron Mountain Information Management v. Newark, A-100-08, raises this question: When property is taken under the Local Redevelopment and Housing Law, is a commercial tenant with an option to purchase and right of first refusal in its lease agreement entitled to the same notice as the property owner? The appellant...
Seminar Explores Eminent Domain
The Home News Tribune, April 18, 2007.
Tuesday’s seminar, sponsored by Lorman Education Services, touched on many aspects of eminent domain. It was moderated by William J. Ward, of Carlin, Ward, Ash & Heiart LLC law firm in Florham Park, who invited distinguished panelists including state Sens. Ron Rice, D-Essex, and Ellen Karcher, D-Monmouth, Mercer. Among presentation topics were: case-law...
Fuzzy Math: Eminent Domain Property Acquisition For The Newark Arena Pushes Out Small Business Owner
The Star-Ledger, March 20, 2007. (Business Section)
For the past 22 years, Aguayo’s company, Multicolor, has been manufacturing pom poms of various colors and sizes from his shop on Liberty Street in Newark…..But Aguayo has become a casualty of eminent domain and development plans surrounding the Prudential Center arena, which is under construction. He is packing up...
Owner Contests Value Set For Beachfront Home: Commissioners Put Value Of Home Below City’s Offer, Atlanticville
March 15, 2007.
Attorney William J. Ward filed an appeal in Superior Court last week stating that the value set by condemnation commissioners was far from what his client Frances DeLuca would accept for her Ocean Terrace home with an ocean view. “$750,000 is just not what we are looking for,” said Ward in an...
Eminent Domain: Getting Noticed
New Jersey Lawyer InRe Magazine, February 26, 2007.
Municipal attorneys routinely oppose any prerogative writ action filed beyond the 45 days permitted in the Local Redevelopment Housing Law (LRHL) 40A:20-1 et seq. In order to challenge a municipal action, a property owner must file a prerogative writ suit within 45 days of the action of the municipality declaring...
Brief Seeks Dismissal Of Condemnations
Attorneys argue city gave control to developers. Atlanticville, February 15, 2007
….”I would be astonished if the appellate court, at the very least, did not overturn the trial court decision and allow for discovery to permit evidence in a real hearing,” said Institute for Justice (IJ) Senior Attorney Scott Bullock in an interview last week. “I ultimately see the MTOTSA homeowners...
Passaic Erred In Seizing Property, Court Says
Herald News, February 15, 2007
He’s an average Joe who fought the law and won. When the city attempted to take away his property through eminent domain, Charles Shennett fought back. Now, the state’s appellate court has sided with him. The court said the city’s taking of Shennett’s property at 254 Summer St. was void,...
Businesses Want Designation Voided
Union Leader, February 7, 2007
About 20 property owners in Union Center have asked the Superior Court of New Jersey to nullify the township’s designation of Union Center as “an area in need of redevelopment.” In two lawsuits filed Friday by the law firm of Carlin, Ward, Ash & Heiart LLC, the landlords also asked the...
Lawsuit Seeks To Block Eminent Domain
The Star-Ledger, Union County, February 2, 2007
A coalition of property owners filed suit yesterday against Union Township to prevent officials from using eminent domain as part of a sweeping proposal to transform the township’s aging shopping district…. William Ward, a Florham Park attorney representing the 20 property owners, said the one and two-story brick buildings that...
Long Branch Spurns Advocate’s Brief
The Asbury Park Press, Monmouth County, January 27, 2007
Like they did with the Institute for Justice some months ago, city officials are trying to get state Public Advocate Ronald K. Chen out of the oceanfront eminent domain controversy….[Lawrence H.]Shapiro is seeking to have Chen’s brief thrown out in the case of Louis and Lillian Anzalone of Ocean Terrace,...
Forest City Daly Out As Redeveloper, Officials Say
Local Source-Independent Press, Bloomfield, January 25, 2007
…The removal of Forest City Daly formally ends the redevelopment plan that has been in the works since 2003. The plan had come under fire from a core group of six property owners who had claimed they had not been notified – or in some cases, were intentionally misled –...
Staying The Course Of Long Branch’s Eminent Domain Seizures
The Atlanticville, Long Branch, Editorial, December 20, 2006
If a stay is not issued by the trial court, a property owner must seek relief from the Appellate Division of the Superior Court. The standard for issuing a stay in the Appellate Division is difficult to meet and rarely given. The standard for injunctive relief was established by the...
Stay Granted In Long Branch Condemnation
The Hub, Red Bank, November 22, 2006
A state Appellate Court has ordered the city to hold off on using eminent domain to seize a beachfront home for a redevelopment project. An order granting a stay of the city’s pending condemnation action against Louis and Lillian Anzalone’s Ocean Terrace home was signed Nov. 16 by Appellate Judges...
Kelo Fallout: New Jersey Legislators And The State Public Advocate Launch Efforts To Reform The Use Of Takings For Private Development
The New Jersey Law Journal, May 29, 2006 [PDF]
Kelo Fallout: New Jersey Legislators And The State Public Advocate Launch Efforts To Reform The Use Of Takings For Private Development …A bevy of bills have been introduced in the Legislature, some of which call for constitutional amendments to either limit or outright ban takings of property for redevelopment. And...
KO’ing Kelo
The New Jersey Lawyer, December 5, 2005 [PDF]
KO’ing Kelo We’re witnessing the Kelo-Effect – a corollary to Sir Isaac Newton’s Third Law of Motion which states, “For every action there is an equal and opposite reaction.” The public, waking up to the possibility that homes and small businesses could be taken for private gain, is galvanized as never...
Evicted By City, Man To Have Day In Court
The Atlanticville, October 13, 2005
LONG BRANCH – A city resident whose home was taken for oceanfront redevelopment through eminent domain proceedings was scheduled to have his day in court Tuesday. Bruce MacCloud owned a three-story, 17-room, 100-year-old Victorian home at 47 Cooper Ave., just 300 feet from the beach, according to his attorney, William J....
Not All Ripe For The Taking
The New Jersey Law Journal, August 8, 2005
A Superior Court judge voided Bloomfield’s attempted condemnation of commercial property, near a rail line to Manhattan, for which developers planned a condominium complex….Assignment Judge Patricia Costello found that the township’s designation of the site as “blighted” did not comport with the state Local Redevelopment Housing Law. “The record in...
Jury raises price for city on condemnation
Atlanticville , July 25, 2003
A jury has given Fred and Dorothy Strahlendorf what they say Long Branch would not-a fair price for their home On July 15, a six-person sitting in Superior Court Judge Ronald L. Reisner’s Freehold courtroom ruled that the $179,000 value the city placed on the Strahlendorf’s two-story home was not...
Local Redevelopment and Housing Law Amended to Add New Criteria
Michael J. Ash, Esq., CRE.
On August 9, 2019, Governor Phil Murphy signed new legislation into law that amends the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-5, to include new criteria for designation of an “area in need of redevelopment”.
A Legal Framework for AV Implementation
By Michael J. Ash, Esq., CRE (The Parking Professional 2019)
The prospect of fully autonomous vehicles creates an opportunity to reshape all aspects of modern life. As AVs move from the workshop to the real world, on-road testing and early deployments will be critical to improving performance to accurately detect and anticipate complications. However, to realize the full potential of...
Appellate Court Limits Scope of Redevelopment Takings
by Michael J. Ash, Esq., CRE.
On January 7, 2019, the appellate division reversed a taking for redevelopment purposes and limited the scope of what constitutes a valid public purpose in a redevelopment context.
Environmental Cleanup in Real Property Valuation
by James M. Turteltaub.
New Jersey Law Journal, Environmental Law (August 27, 2007). Environmental contamination can have a significant impact on the just compensation received by a property owner in a condemnation case.
A Real Property Tax Appeal Primer
Michael J. Ash, Esq.
Carlin, Ward, Ash & Heiart, LLC By Michael J. Ash, Esq., CRE Introduction. In late January, early February, property owners around the State will be receiving notices of their 2023 real property tax assessment. This article is a primer on understanding the notice of assessment, determining the value at which...