skip to main content

Condemnation & Eminent Domain

The power of eminent domain – the right of government to take private property for public use – is an essential tool for redevelopment, infrastructure, and public projects across New Jersey. In exercising this power, the government is constitutionally required to demonstrate that any taking of private property must be for a public use, and that property owners receive fair market value, or “just compensation” from the government. The firm’s deep expertise in redevelopment and land use law is an essential component of our representation of both private parties and public authorities in condemnation and eminent domain actions.

For property and business owners whose property is designated for a public project, our advocacy begins with an analysis of the legality and necessity of the proposed condemnation to ensure the taking is for a legitimate public purpose. In negotiating compensation, our work is focused on maximizing the amount of compensation the property owner is entitled to receive. We partner with appraisers and other professionals to obtain an accurate valuation of the property, which includes the value of land, building, fixtures and other improvements. In certain instances, this may also include the cost of relocation and other expenses related to business operations. We represent clients throughout the condemnation process, including in hearings before commissioners and when necessary, in court proceedings.

For municipalities, redevelopment agencies, and other public entities, a legally sound and efficient condemnation process is critical to the success of a public project. We assist condemning authorities in all stages of project development, from initial declarations of "areas in need of redevelopment" to advising on the legal requirements for exercising eminent domain. In New Jersey, this representation encompasses ensuring procedural compliance with the Eminent Domain Act of 1971 and the Local Redevelopment and Housing Law, as well as handling all aspects of the acquisition negotiation process, fulfilling all notice requirements, managing challenges and disputes that arise, and prosecuting condemnation actions in New Jersey’s Superior Court when necessary.

Of Interest