Archive | 2021

Holy Mango! Statute That Allows Creditor to Seize Property from Third Party Is a Taking.

Who else but inversecondemnation.com would discuss a case dealing with dried fruit, from Guam no less?  The case is Western Sales Trading Co. v Genpro Int’l, Inc. (Guam), No. CVA 19-023 (July 28, 2021).  The Court held that a Guam statute permitting a judgment creditor to take property from a third party was a taking. Under the statute, a Guam judgment creditor is specifically authorized to file a motion for an order to show cause to compel any person who holds the assets of the judgment debtor to turn over… read more

Posted in Creditor Turnover, Fifth Amendment, Public Use
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South Grand View Development – A Regulatory Taking Case

Eric Bregman, Esq. (www.ericbregman.com), a prominent land use attorney in Long Island’s East End, sent me the decision handed down by the Eleventh Circuit on June 21, 2021, South Grand View Development Company, Inc. v City of Alabaster, Alabama 1F. 4th 1299. The facts are relatively simple.  The plaintiff purchased 547 acres of land in the City of Alabaster for $1.65 million.  The masterplan for development was submitted to and approved by the City.  Most of the development was completed by 2008 but the 142-acre portion of land at issue,… read more

Posted in Due Process, Just Compensation, Re-zonings
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What Happens to My Mortgage When the Property is Condemned?

A mortgagee upon condemnation of the property is not without resources.  The mortgagee wants to be paid the principal balance on the secured debt. With respect to the mortgage payoff, “It is well established that, upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments, are extinguished (see, In re County of Nassau [Gelb – Siegel], 24 NY2d 621, 626; Copp v Sands Point Marina, 17 NY2d 291, 293; Muldoon v Mid-Bronx Holding Corp., 287… read more

Posted in Condemnation, Equitable Lien, Mortgage
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Kelo Remains Untouched

The US Supreme Court denied a request to hear an appeal of a Chicago landowner whose property was condemned by the City to allow the expansion of the Bloomer Chocolate Company on June 25, 2021. The property owner took issue with the high court’s 2005 Kelo v City of New London decision, which said that local governments have the ability to take away private property for economic development use.  Three Justices, Brett Kavanaugh, Clarence Thomas and Neil Gorsuch said the Court should have heard the case, one shy of the… read more

Posted in Kelo, Public Purpose
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Napeague (Truck) Beach – It’s Not Over Yet

Napeague Beach in Amagansett, East Hampton, New York has been used by the public for decades.  In 2009, Homeowner Associations above the beach commenced an action claiming that they owned title to the beach.  They also claimed that the use of the beach by trucks driving on the beach and parking whilst enjoying the ocean constituted a nuisance. After a 5-day trial in the Supreme Court in Riverhead, the Trial Court, Hon. Ralph T. Gazzillo dismissed the action.  The Trial Court found that plaintiffs did not establish their ownership to… read more

Posted in Napeague Beach, Prescriptive Right of Access, Public Trust Doctrine
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