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Thursday, April 2, 2009

Notice to Commercial Tenants of Eminent Domain Taking

The New Jersey Eminent Domain Blog has an interesting post on a recent decision by a New Jersey intermediate appellate court holding that a commercial tenant was not entitled to notice of eminent domain proceedings against the property.  The post is highly critical of the decision, and suggests that the issue may go up to the New Jersey Supreme Court.  I don't know enough about New Jersey law to know whether the criticisms in the post are accurate, but as a general matter this seems like a bad result.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

http://lawprofessors.typepad.com/property/2009/04/notice-to-commercial-tenants-of-eminent-domain-taking.html

Real Estate Transactions, Recent Cases, Takings | Permalink

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Comments

Not sure that is how the 2nd Mathews prong should apply here. Last year, Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008) set forth strict notice requirements of blight designations for fee owners. This recent decision apparently does not extend those protections to a commercial tenant, even though the burden on the city of finding this tenant likely was minimal, considering the tenant was the only occupant of a giant building just a few blocks from city hall.

Posted by: Tim Mulvaney | Apr 2, 2009 10:21:45 PM

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