COURT DOES ABOUT-FACE, SIDES WITH LANDOWNER IN PRESERVED FARM DISPUTE

Scattered throughout rural New Jersey are signs that say “Preserved Farmland – Private Land, Public Legacy.” A preserved farm is land that remains under private ownership, but is subject to an easement restricting the property to agricultural use, typically in perpetuity. A common means of preserving farmland is through New Jersey’s Agriculture Retention and Development […]

Homeowners May Still Get Compensation For Loss Of Ocean View

Earlier this year, the New Jersey Supreme Court reversed a lower court’s decision that awarded the owners of an oceanfront home $375,000 for loss of their ocean view when the Borough of Harvey Cedars used eminent domain to acquire an easement for dune construction.  Given today’s “sound bite” culture,  many took this to mean that […]

US Supreme Court Sides with Private Property Owner on Regulatory Taking Claim

On June 25, 2013, the United States Supreme Court issued a decision that is highly favorable to property owners faced with costly mitigation or other off-site requirements imposed as conditions in land use permits.  In Koontz v. St. John’s River Water Management District, the Court expanded the applicability of the so-called “Nollan/Dolan” standards, which govern […]

Signing A Deed Of Dedication And Perpetual Storm Damage Reduction Easement. Is It Right For You?

Towns up and down the New Jersey Shore are pressing oceanfront property owners to sign a Deed of Dedication and Perpetual Storm Damage Reduction Easement (Easement), asserting that the United States Army Corps of Engineers requires these Easements as a prerequisite to performing dune and beach restoration.  Here are a few comments on the proposed […]