Norris McLaughlin & Marcus, P.A.

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dispute

Apr 07, 2011

IN THE NEWS: Property Owner and Developer Split the Difference in Arbitrated Eminent Domain Dispute

The Star-Ledger reports: Arbitrators awarded property owner Steve Adler $24 million for 10 acres of property near the PATH station and the Red Bull Arena soccer stadium.  The developer, Richard Miller of the Hoboken-based Pegasus Group, was helped by the Harrison Redevelopment Agency, which used its power of eminent domain, condemning the property, which would ostensibly allow the developer to acquire the land for less than its actual value.  » Read More

Mar 22, 2011

The New Jersey Supreme Court Requires Municipality to Negotiate With Commercial Tenant Who is Sole Condemnee in Eminent Domain Proceeding

On Wednesday of last week, St. Patrick’s Day, the luck of the Irish was with a commercial tenant who happened to be a defendant in a condemnation action in which the owner’s interest in the property was not being condemned. In Town of Kearny v. Discount City, the New Jersey Supreme Court dismissed a condemnation action filed by the Town of Kearny, because its designated developer, who was also the landlord, failed to engage in bona fide negotiations with the only remaining holdout tenant, even though the lease between the landlord and tenant contained a standard condemnation clause in which it bargained away its right to receive compensation in a taking.» Read More

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