Latest Briefs In New Jersey's "Bizarre Condemnation"

Remember Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam), the decision from New Jersey's Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation? 

As noted in this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners' petition (available here). We called the decision "kafkaesque," since we couldn't quite figure how the appellate court reached the conclusion which it did. The New Jersey Law Journal called the decision "a bizarre condemnation."

Why the perjorative labels?

The appellate division held that the government can assert inverse condemnation. Yes, you read that right: inverse condemnation is a cause of action which the government may assert to allow it to take property without compensation.

Confused? You are not alone. Here's our recipe for straightening yourself out:

Start here, our summary of the appellate division's decision. Then, read the property owners' petition for review. Next, read the NJ Law Journal's critique (the aforementioned "Bizarre Condemnation"), and the Atlantic City newspaper's summary, complete with a photo and map.

Next, review the amici briefs which were filed supporting the property owners which we posted earlier:

• Brief Amicus Curiae of Builders League of South Jersey, Inc. In Support of Petitioners

• Brief of Proposed Amicus Curiae New Jersey Land Title Association in Support of Petition for Certification

Then, read the latest amicus briefs filed:

• Brief Amicus Curiae of New Jersey State Bar Association

• Brief Amicus Curiae of National Association of Homebuilders

• Pacific Legal Foundation's amicus brief

Finally, take a deep breath, and wait for the cavalry to arrive.

Hopefully, the New Jersey Supreme Court will see this case the same way we do. Oral arguments have not yet been scheduled. We will let you know when they are.