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PA & NJ Condemnation, Redevelopment, & Eminent Domain Lawyers

Stark & Stark’s condemnation, redevelopment and eminent domain attorneys represent private property owners, developers, and governmental entities in eminent domain and real estate valuation matters. The Condemnation & Eminent Domain Group has substantial experience litigating the government’s right to take private property in both public projects and redevelopment matters, and litigating utility cases including gas pipeline cases. They also have substantial experience in real estate valuation, land use, environmental law, commercial litigation, and prosecuting inverse condemnation claims.

This multidisciplinary approach allows Stark & Stark condemnation lawyers to serve any additional need that may arise during the property condemnation process. They also work closely with outside professionals such as appraisers, engineers, and planners in order to present compelling expert testimony to the jury or judge.

Services Our Condemnation and Eminent Domain Attorneys Provide

Our condemnation and eminent domain attorneys work to protect the interests of their clients located in New Jersey & Pennsylvania, which give us a first-hand understanding of the variations between real estate market values. Our attorneys are experienced in:

  • Pre-condemnation planning
  • Pre-condemnation negotiations with the government
  • Full and partial takings
  • Revocation and modification of highway access
  • NJ Department of Transportation road widening and improvement projects
  • Challenging efforts to designate property in need of redevelopment
  • Redevelopment projects – start to finish
  • Negotiating and litigation gas pipeline easements
  • Valuation of large undeveloped tracts, commercial, and multi-family residential buildings, industrial space, and special use properties
  • Inverse condemnation
  • Relocation benefits

Inverse Condemnation and Takings

The Fifth Amendment of the United States Constitution allows the government to take private property for a public use, providing it pays just compensation. However, sometimes the government takes or damages property without following the proper procedures or paying just compensation. When this happens, a claim of “inverse condemnation” may arise.

Generally, an inverse condemnation occurs (1) when there is a physical taking such as a land seizure, denial of access, or continued possession after a lease expires, or (2) when the government places a regulation or other restriction on property that unreasonably restricts its use. In the later type of claim, it is important to note that not every type of land use restrictions that decrease the value of land amounts to an inverse condemnation claim. As a result, inverse condemnation claims can be more complicated and require experienced lawyers to evaluate the merits of a claim.

Stark & Stark’s inverse condemnation attorneys use their extensive experience to defend the rights of landowners, business owners, developers, and property owners. The Inverse Condemnation group has significant success litigating against local, state and federal government entities when there has not been adequate compensation for property that was taken, damaged or devalued. If you have been wrongly deprived of your property rights, our inverse condemnation attorneys can help you get the compensation you deserve.

Our inverse condemnation attorneys work to protect the rights of our clients in New Jersey and Pennsylvania and advocate on their behalf, with experience in dealing with claims stemming from:

  • Flooding or water diversion
  • Road construction/installation
  • Installation of pipelines or powerlines
  • Regulatory takings

Recent Experience*

  • Obtained a jury verdict of $750,000 for a property of a car dealership in Hillside, New Jersey in a case against the New Jersey Department of Transportation (NJDOT). NJDOT initially offered $40,000 for the damages arising from a 5-foot wide taking of frontage in a partial taking case.
  • Negotiated $10,150,000 settlement in condemnation litigation for commercial complex in Camden, New Jersey, representing an increase of $2,435,000 for the property owner. Case was settled on the eve of trial.
  • Counsel for over 45 property owners, governmental entities and non-profit organizations opposing the PennEast Pipeline in the United States District Court for The District of New Jersey.
  • Obtained a jury verdict of over $4,450,000 for a property owner of a commercial building in Camden, New Jersey. The public university argued the property was worth $2,375,000.
  • Co-Counsel for Homeowners Against Taking (HALT) Penn East Pipeline in an injunction lawsuit filed in the Superior Court of New Jersey.
  • Litigated damage claim arising from the relocation of a gas pipeline for property located in Burlington County, New Jersey.
  • Represented public entity as special counsel in the acquisition of property abutting Route 22 in Bridgewater New Jersey in a $60 million road project.
  • Represented public entity in negotiating complex access and takings issues involving railroad rights, railroad crossing agreements and complex title issues.
  • Successfully defended an appeal and obtained a favorable decision for a property owner against a billboard company who was seeking a large portion of the owner’s award of just compensation. The Appellate Division of the Superior Court of New Jersey found in favor of our client and held that a billboard is personal property for purposes of eminent domain.
  • Represented the County of Somerset as special counsel in the acquisition of property abutting Route 22 in Bridgewater New Jersey in a $60 million road project.
  • Negotiated design changes to a road widening project involving the New Jersey Turnpike to protect a property owner against flood damage.
  • Represented owner of a pier in Monmouth County in a condemnation proceeding. Our client was originally offered $100,000 for the pier. We negotiated a final settlement for $2,500,000.
  • Successfully negotiated substantial relocation benefits for the relocation of a chemical company in New Brunswick New Jersey.
  • Negotiated highway access issues for mall owner in Mercer County, New Jersey.

PennEast Pipeline – What Can I Expect?

Shareholder Timothy P. Duggan recently joined Jacqueline Evans, property owner and member of Homeowners Against Land Taking (HALT), on an episode of PrincetonTV hosted by Natasha Sherman. Mr. Duggan and Ms. Evans talked at length about the proposed PennEast pipeline and its anticipated effect on parts of Central New Jersey and Eastern Pennsylvania.

 

*Results may vary depending on your particular facts and legal circumstances. Because every case is different, the descriptions of awards and cases previously handled are not meant to indicate or guarantee success.

Multiple locations to better serve your needs—

Princeton, NJ

993 Lenox Dr, Building 2
Lawrenceville, NJ 08648
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
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Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
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Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
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New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
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Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
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Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
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