The power of eminent domain, or condemnation, is an awesome power reserved to the government in the Constitution. It permits a landowner’s property to be taken, without his consent, provided that just compensation is paid for the taking.

The condemnation statute provides that a landowner is entitled to compensation, too, if a condemnation action is instituted–and later abandoned–by the government.

In a recent decision of the Appellate Division, this provision for reimbursement was explored.

A municipality had instituted condemnation, but the landowner resisted, retaining attorneys and challenging the action. Thereafter the municipality determined to abandon the action, and the landowner petitioned the court to award him reimbursement of his legal fees, which exceeded $400,000.

The trial judge granted a portion of the request, but denied the majority of the fees because the landowner did not prove the abandonment was triggered by the strategies or arguments used by the lawyers in resisting the condemnation.

YOU BE THE JUDGE: If a condemnation is abandoned, is a landowner entitled to reimbursement of legal fees or not?

The Appellate Division reversed, holding that a landowner need not show causality between his efforts and the abandonment. A landlowner’s entitlement to recover costs and legal fees is not contingent on the success of any defense strategy. A landowner need only show the action was abandoned and that the expenses were in direct response to being named as a defendant in a condemnation.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Bornstein Law Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Little Ferry, Wyckoff, Mahwah, Midland Park, Montvale and throughout Bergen County, in Little Falls, Ringwood, Passaic, Little Falls and elsewhere in Passaic County, in Livingston, West Caldwell, Roseland, Millburn, Livingston and throughout Essex County, in Whippany, Montville, Jefferson, Madison and Long Valley and Mendham in Morris County, in Murray Hill, Kenilworth, Mountainside and Cranford in Union County, in Manalapan, Manasquan and Little Silver in Monmouth County, in Metuchen and Middlesex in Middlesex County, in Kearny, Bayonne, Union City and North Bergen in Hudson County, in Hightstown, Hamilton Township, Frenchtown and Princeton in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.

Disclaimer- Martyn L. Daniel represents both private parties and public agencies and provides these blog entries as a general overview on eminent domain related news.