Eminent Domain and Condemnation Frequently Asked Questions

Posted in Condemnation & Eminent Domain

What is eminent domain and who uses it?

Eminent Domain is the power of the government to take private property and convert it into public use. Government agencies that use eminent domain include state government agencies like the Transportation department and local agencies tied to the municipalities. “The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.” This means if the government wants your land for public use it must buy it from you at fair market rates. Usually it tries to buy your property before going through the condemnation process.

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Possible Chapter 22 for EMS Brand – Sports Direct Eying EMS After Poor Holiday Sales

Posted in Bankruptcy & Creditor's Rights

Reuters reports that Sports Direct International Plc, Britain’s largest sporting goods company with about 700 stores throughout Europe, is discussing a bid for Eastern Outfitters LLC (“Eastern Outfitters”), the parent of Bob’s Stores and Eastern Mountain Sports (“EMS”).

Versa Capital Management LLC (“Versa”) is the owner of Eastern Outfitters. Last April, Vestis Retail Group LLC, the former holding company for Bob’s, EMS, and Sports Chalet, filed for Chapter 11 bankruptcy protection. Versa acquired Bob’s and EMS through the bankruptcy.

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Frequently Asked Questions on Negotiating Pipeline Easements

Posted in Condemnation & Eminent Domain

Negotiating the conveyance of land rights with an experienced negotiator is often difficult and confusing at best. Terms such as temporary construction easement, slope easement, and fee simple interests are thrown around as if the public knows what they mean. Some terms also have acronyms (“TCE” for temporary construction easements or “SE” for slope easements), which further confuse matters. Below we will address some of the more frequently asked questions that we receive from property owners negotiating with pipeline companies prior to the filing of an eminent domain case.

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Gymboree – Next Retailer Chapter 11 Bankruptcy Filing?

Posted in Bankruptcy & Creditor's Rights

On the heels of The Limited bankruptcy filing, another retailer appears to be on the precipice of Chapter 11.

Gymboree (Gymboree Corp.) reported yesterday that its CEO, Mark Breitbard, will be stepping down once a successor is appointed. Breitbard will assume the role of Chairman of the Board effective February 1st.

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FAQs on Real Estate Revaluations

Posted in Real Estate Tax Appeals

Each year select municipalities appraise all properties within their borders in order to have all tax assessments reflect the current full and fair value of each property within the taxing district. The process, known as a revaluation, is alarming to property owners since they do not know whether their taxes will increase, decrease, or stay the same.

In 2017, revaluations were completed in Trenton, New Brunswick, Milburn, and many other municipalities in New Jersey. This article will address frequently asked questions that we have received over the years.

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Who has Standing to File a Will Contest?

Posted in Probate Litigation

Should a person wish to file a Will contest, the first threshold issue which must be addressed is whether that person has standing to file a Will contest.

In general, “standing” means whether a Plaintiff legally has a right to bring a claim to contest a Last Will and Testament in the Court with jurisdiction to hear the matter. The spouse, child, or next of kin of the Decedent automatically have a right to file a Will contest, whether they are named within that instrument or not.

In addition to these family members, a beneficiary under a current or previous Will would also have standing to commence a Will contest. These individuals have standing to contest the current Will even though there may be no blood relationship between them and the Decedent. The rationale for granting these individuals standing is because if the disputed Last Will and Testament is invalidated by the Court, then the Court could require that the Decedent’s previous Last Will and Testament be admitted to probate. For a direct citation to the relevant Court Rule, you may refer to Rule 4:80-1 within the New Jersey Rules of Civil Practice and Procedure which governs standing to contest a Will.

Should a party wish to file a Will contest, they should consult with an attorney to assist them with the process. Standing is merely one factor to consider with regard to a party’s right to file the Will contest; however, it is a threshold issue.

Retailer, The Limited, Files for Chapter 11 in Delaware

Posted in Bankruptcy & Creditor's Rights

As predicted last week, U.S. women’s apparel chain The Limited filed for Chapter 11 bankruptcy protection today in the United States Bankruptcy Court for Delaware on Tuesday, after closing all 250 stores, under case number 17-10124. See 10 Retailers to Watch for Possible Bankruptcy Filings in 2017.

This filing continues the trend in the competitive retail apparel industry with shrinking margins, high debt loads, and changing shopping habits of Baby-Boomers and Millennials.

Although The Limited’s stores are closing, the name may continue Continue Reading