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Archive | Re-zonings

July 29, 2021

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

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Posted in Due Process, Just Compensation, Re-zonings
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June 5, 2020

Manalapan Farm Owner’s Condemnation Award of $4.5 Reversed as “Miscarriage of Justice”

The Asbury Park Press reported yesterday that the State Supreme Court reversed a jury award of $4.5 million to a farm owner.  According to his counsel, the Town took the property to prevent its development.  The farmer had been seeking to sell the property for housing development which the Township opposed.  The Town thought it would be a good property for the Township to own for recreational expansion.  This certainly is not a condemnation for a public purpose.  Taking property to stop its development is not a lawful taking.  A… read more

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Posted in Appraisal, Evidence, Re-zonings
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