News & Publications

CWAH Settles Record $60M Amtrak Condemnation

RE-NJ

Weehawken parcel sold to Amtrak for $60 million after an eminent domain settlement secured by Carlin, Ward, Ash & Heiart.

Michael Ash and Scott Heiart on the "Eminent Domain Podcast"

Eminent Domain Podcast, Episode 88

Scott Heiart and Michael Ash: Coming Together from Across the Eminent Domain Aisle.

Happy 100th Birthday to the Hess Triangle!

When New York City created 7th Avenue South through Greenwich Village, over 200 properties were acquired by eminent domain — leaving behind the famous Hess Triangle at 7th Ave and Christopher Street.

CWAH to Challenge Hoboken's Union Dry Dock Taking

Weehawken officials plan to challenge Hoboken's eminent domain grab of the Union Dry Dock property and have hired Carlin, Ward, Ash & Heiart to kick off the process.

CWAH Attorneys Included in Real Estate NJ's Top Property Tax Appeal Attorneys

Real Estate NJ

Carlin, Ward, Ash & Heiart attorneys were named among RE-NJ's Top Property Tax Appeal Attorneys.

Developer Agrees To Pay Family In Eminent Domain Case $21M

Jersey Journal, July 19, 2012 · By Terrence McDonald

The city paid the family $1.2 million for the waterfront property. But a jury in 2008 determined the actual fair market value to be $18 million, which with interest has risen to $21 million.

Long Branch Homeowners Win Eminent Domain Fight

NJ Biz, September 21, 2009 · By Shankar P.

A group of 13 residential property owners in Long Branch won a six-year court battle to keep their homes from being condemned by the city administration, reaching a settlement with the city.

New Cases On Top Court's Docket Test Privilege, Deposition Boundaries

New Jersey Law Journal, August 31, 2009 · By Henry Gottlieb

Iron Mountain Information Management v. Newark raises this question: when property is taken under the Local Redevelopment and Housing Law, is a commercial tenant with an option to purchase entitled to the same notice as the property owner?

Seminar Explores Eminent Domain

The Home News Tribune, April 18, 2007

A seminar sponsored by Lorman Education Services, moderated by William J. Ward of Carlin, Ward, Ash & Heiart, touched on many aspects of eminent domain with distinguished panelists including state senators.

Fuzzy Math: Eminent Domain Property Acquisition For The Newark Arena Pushes Out Small Business Owner

The Star-Ledger, March 20, 2007 (Business Section)

For 22 years Aguayo's company has manufactured pom poms from his shop on Liberty Street in Newark. But he has become a casualty of eminent domain and development plans surrounding the Prudential Center arena.

Owner Contests Value Set For Beachfront Home: Commissioners Put Value Of Home Below City's Offer

Atlanticville, March 15, 2007

Attorney William J. Ward filed an appeal in Superior Court stating that the value set by condemnation commissioners was far from what his client Frances DeLuca would accept for her Ocean Terrace home.

Eminent Domain: Getting Noticed

New Jersey Lawyer InRe Magazine, February 26, 2007

Municipal attorneys routinely oppose any prerogative writ action filed beyond the 45 days permitted in the Local Redevelopment Housing Law. To challenge a municipal action, a property owner must file within 45 days.

Brief Seeks Dismissal Of Condemnations

Atlanticville, February 15, 2007

"I would be astonished if the appellate court did not overturn the trial court decision and allow for discovery," said Institute for Justice Senior Attorney Scott Bullock of the MTOTSA homeowners' case.

Passaic Erred In Seizing Property, Court Says

Herald News, February 15, 2007

When the city attempted to take away his property through eminent domain, Charles Shennett fought back. The state's appellate court sided with him, finding the taking of his property at 254 Summer St. void.

Businesses Want Designation Voided

Union Leader, February 7, 2007

About 20 property owners in Union Center asked the Superior Court of New Jersey to nullify the township's designation of Union Center as "an area in need of redevelopment."

Lawsuit Seeks To Block Eminent Domain

The Star-Ledger, Union County, February 2, 2007

A coalition of property owners filed suit against Union Township to prevent officials from using eminent domain as part of a sweeping proposal to transform the township's aging shopping district.

Long Branch Spurns Advocate's Brief

The Asbury Park Press, Monmouth County, January 27, 2007

City officials are trying to get state Public Advocate Ronald K. Chen out of the oceanfront eminent domain controversy in the case of Louis and Lillian Anzalone of Ocean Terrace.

Forest City Daly Out As Redeveloper, Officials Say

Local Source-Independent Press, Bloomfield, January 25, 2007

The removal of Forest City Daly formally ends the redevelopment plan in the works since 2003 — a plan that came under fire from a core group of six property owners who claimed they had not been notified.

Staying The Course Of Long Branch's Eminent Domain Seizures

The Atlanticville, Long Branch, Editorial, December 20, 2006

If a stay is not issued by the trial court, a property owner must seek relief from the Appellate Division of the Superior Court — a standard difficult to meet and rarely given.

Stay Granted In Long Branch Condemnation

The Hub, Red Bank, November 22, 2006

A state Appellate Court ordered the city to hold off on using eminent domain to seize a beachfront home for a redevelopment project, granting a stay of the pending condemnation against the Anzalones' Ocean Terrace home.

Kelo Fallout: New Jersey Legislators And The State Public Advocate Launch Efforts To Reform The Use Of Takings For Private Development

The New Jersey Law Journal, May 29, 2006

A bevy of bills have been introduced in the Legislature, some of which call for constitutional amendments to either limit or outright ban takings of property for redevelopment.

KO'ing Kelo

The New Jersey Lawyer, December 5, 2005

We're witnessing the Kelo-Effect — a corollary to Newton's Third Law of Motion. The public, waking up to the possibility that homes and small businesses could be taken for private gain, is galvanized as never before.

Evicted By City, Man To Have Day In Court

The Atlanticville, October 13, 2005

A Long Branch resident whose home was taken for oceanfront redevelopment through eminent domain was scheduled to have his day in court. Bruce MacCloud owned a three-story, 100-year-old Victorian home 300 feet from the beach.

Not All Ripe For The Taking

The New Jersey Law Journal, August 8, 2005

A Superior Court judge voided Bloomfield's attempted condemnation of commercial property near a rail line to Manhattan, finding the township's "blighted" designation did not comport with the Local Redevelopment Housing Law.

Jury Raises Price For City On Condemnation

Atlanticville, July 25, 2003

A jury gave Fred and Dorothy Strahlendorf what they say Long Branch would not — a fair price for their home, ruling that the $179,000 value the city placed on their two-story home was not adequate.