The document summarizes a presentation about redevelopment and the Port Authority of New York and New Jersey. Some key points:
1) The Port Authority was created in 1921 through an interstate compact between NY and NJ to coordinate transportation and facilities in the port district.
2) Redevelopment projects by the Port Authority can potentially compete with or complement state and local interests and powers.
3) Examples discussed include industrial development projects, the Hoboken waterfront redevelopment, and laws governing Port Authority involvement in these areas.
The document discusses key changes to landlord-tenant law in New York resulting from the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). It focuses on how the HSTPA has impacted nonpayment eviction proceedings by tenants. Specifically, it examines the traditional "good cause" standard tenants must meet to stay an eviction warrant under RPAPL §749(3), and explores how a new provision under RPAPL §753 allowing tenants to claim "extreme hardship" may provide an additional avenue of relief in such proceedings. The article aims to guide practitioners on navigating nonpayment evictions in light of the new law.
This document provides an overview of key environmental statutes that impose cleanup liabilities on owners and operators of contaminated properties. It discusses the liability protections available to lenders, prospective purchasers, and landowners to help maximize the acquisition and development of contaminated or "Brownfields" sites while minimizing potential cleanup liability. The main environmental liability statutes discussed are the federal and California Superfund laws. The document outlines the defenses and exemptions available under these laws, such as the secured creditor exemption that protects lenders from liability. It also discusses the liability protections established by the 2002 Brownfields Amendments for bona fide prospective purchasers, contiguous property owners, and innocent landowners who acquire contaminated properties.
This document provides an outline for a course on Obligations and Contracts. It covers various topics including the concept of obligations, sources of obligations such as law, contracts, quasi-contracts and acts punished by law. It defines and distinguishes between different types of obligations like pure and conditional, joint and solidary. It also covers topics related to contracts such as essential requisites, interpretation and different types including void, voidable, unenforceable and inexistent contracts.
1. The document discusses the different sources and types of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, delicts, and quasi-delicts.
2. It explains the key elements and requisites of an obligation, as well as the nature and effects of obligations. Obligations can be personal, requiring an act or omission, or real, requiring the delivery of a thing.
3. The duties of debtors in obligations to deliver things are outlined, whether the thing is determinate, generic, or limited generic. Available remedies for creditors in cases of non-performance are also summarized.
Easements and Access to Neighbouring LandsAdrian Mueller
Did you know the common law does not give a person a right to enter a neighbour’s land without the neighbour’s permission?
The owner of land has the right to decide who will come on to the land, who will build there, who will stay off and on what terms a person will be able to enter the land. Do you need an easement?
www.muellers.com.au I 02 9562 1266
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
1. The land regime in Kenya has long been plagued by uncertainty and inconsistencies due to problematic land laws inherited from colonial powers. 2. Recent laws like the Land Act of 2012, National Land Commission Act of 2012, and Land Registration Act of 2012 aimed to reform land administration by consolidating laws and recognizing traditional practices. 3. The new laws established the National Land Commission and repealed previous acts, but concerns remain about lack of clarity and haste in passing the laws.
The document discusses key changes to landlord-tenant law in New York resulting from the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). It focuses on how the HSTPA has impacted nonpayment eviction proceedings by tenants. Specifically, it examines the traditional "good cause" standard tenants must meet to stay an eviction warrant under RPAPL §749(3), and explores how a new provision under RPAPL §753 allowing tenants to claim "extreme hardship" may provide an additional avenue of relief in such proceedings. The article aims to guide practitioners on navigating nonpayment evictions in light of the new law.
This document provides an overview of key environmental statutes that impose cleanup liabilities on owners and operators of contaminated properties. It discusses the liability protections available to lenders, prospective purchasers, and landowners to help maximize the acquisition and development of contaminated or "Brownfields" sites while minimizing potential cleanup liability. The main environmental liability statutes discussed are the federal and California Superfund laws. The document outlines the defenses and exemptions available under these laws, such as the secured creditor exemption that protects lenders from liability. It also discusses the liability protections established by the 2002 Brownfields Amendments for bona fide prospective purchasers, contiguous property owners, and innocent landowners who acquire contaminated properties.
This document provides an outline for a course on Obligations and Contracts. It covers various topics including the concept of obligations, sources of obligations such as law, contracts, quasi-contracts and acts punished by law. It defines and distinguishes between different types of obligations like pure and conditional, joint and solidary. It also covers topics related to contracts such as essential requisites, interpretation and different types including void, voidable, unenforceable and inexistent contracts.
1. The document discusses the different sources and types of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, delicts, and quasi-delicts.
2. It explains the key elements and requisites of an obligation, as well as the nature and effects of obligations. Obligations can be personal, requiring an act or omission, or real, requiring the delivery of a thing.
3. The duties of debtors in obligations to deliver things are outlined, whether the thing is determinate, generic, or limited generic. Available remedies for creditors in cases of non-performance are also summarized.
Easements and Access to Neighbouring LandsAdrian Mueller
Did you know the common law does not give a person a right to enter a neighbour’s land without the neighbour’s permission?
The owner of land has the right to decide who will come on to the land, who will build there, who will stay off and on what terms a person will be able to enter the land. Do you need an easement?
www.muellers.com.au I 02 9562 1266
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
1. The land regime in Kenya has long been plagued by uncertainty and inconsistencies due to problematic land laws inherited from colonial powers. 2. Recent laws like the Land Act of 2012, National Land Commission Act of 2012, and Land Registration Act of 2012 aimed to reform land administration by consolidating laws and recognizing traditional practices. 3. The new laws established the National Land Commission and repealed previous acts, but concerns remain about lack of clarity and haste in passing the laws.
This document discusses civil law obligations and contracts under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that can be demanded. There are four elements of an obligation: an active subject who can demand fulfillment, a passive subject who is obligated to perform, a juridical tie that creates the relationship, and a prestation or object of the obligation. Obligations can arise from law, contracts, quasi-contracts, delicts, and quasi-delicts. The document outlines the various classifications and types of obligations and their elements in detail.
Construction law involves many different areas of law that are relevant to construction work, including contract law, planning and approvals, employment law, worker's compensation, torts, property law, dispute resolution, and occupational safety. A construction lawyer must be well-versed in these practice areas. When issues arise, the lawyer may help clients with matters such as carefully drafting and reviewing contracts; obtaining necessary government approvals; complying with employment and worker safety laws; resolving disputes through negotiation, mediation or litigation; and addressing accidents and injuries on work sites. The goal is to help clients conduct their construction business in accordance with all applicable laws and regulations.
Property: Inroduction, Personal Property, and Wills Tara Kissel, M.Ed
This document provides an overview of Chapter 10 from the textbook "Business Law, Sixth Edition" which covers property law including real and personal property, fixtures, methods of acquiring title to personal property such as gifts and bailments, documents of title, personal property leases, wills, and intestate succession. The learning objectives are to distinguish between different types of property, understand how title is transferred, analyze bailment relationships and duties of bailees, explain will requirements and what happens if there is no will.
The document discusses several maxims of equity, which are general principles that govern how equity operates and illustrate its qualities of being more flexible than common law and taking into account parties' conduct. The maxims establish that equity can intervene with common law if justice requires, acts on parties' consciences to treat obligations as done, and makes orders directly against individuals. Equity aims to provide remedies for wrongs and ensure fairness between parties.
This document summarizes key aspects of the Law of Obligations and Contracts from the Civil Code of the Philippines. It outlines the four essential requisites of an obligation, including a passive subject, active subject, object or prestation, and juridical tie. It also describes the different kinds of obligations according to subject matter and the five sources of obligations: law, contracts, quasi-contracts, crimes/acts punished by law, and quasi-delicts. Finally, it provides examples to illustrate different types of obligations and distinguishes crimes from quasi-delicts.
This document summarizes key concepts in real property and environmental law. It discusses different types of property interests like fee simple, life estates, easements, and profits. It also covers how ownership can be transferred through deeds, wills, adverse possession, and eminent domain. The document outlines landlord-tenant relationships, including rights and duties of landlords and tenants. It briefly discusses environmental law and how it is regulated at both the state and federal level, including through statutes like NEPA.
This document discusses different types of easements in Texas, including private and public easements. Private easements can be easements in gross, which are owned by an individual, or appurtenant easements, which attach to land. Public easements allow use and enjoyment by the general public. The document examines how private and public easements are created through various legal mechanisms and how they can be terminated. It provides examples and details Texas laws regarding easement establishment and termination.
This document discusses strategies for reusing problem properties in New Jersey cities to create opportunities. It outlines challenges like weak housing markets and foreclosures. Existing tools like tax foreclosure and vacant property registration can help reclaim properties. The proposal discusses creating land banks that can acquire problem properties and return them to use. Other proposals include reforming tax sale laws to allow municipalities to gain control of tax delinquent properties and expediting foreclosure for vacant homes. The goal is to put more properties back on the tax rolls and spur redevelopment.
This summary provides an overview of the key information from the document in 3 sentences:
The document discusses Oregonians In Action finishing another successful legislative session, with 5 bills passing including bills related to land use and property rights. It then provides more details on each of the 5 bills that passed, including what issues they addressed and who sponsored them. The document also discusses two other land use and property rights issues regarding riverfront property ownership and challenges in eastern Oregon.
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
Real_Estate_Regulations_in_Turkey-BeachheadTurkeyJVM. Naci Tekin
This document provides an overview of real estate regulations in Turkey. It discusses several key laws and regulations, including:
1. The Law on Amendments to Various Provisions of the Law on Land Registry and the Law on Land Survey, which increases the amount of land a foreign person can own and allows foreign companies to own land indirectly through Turkish companies.
2. The Law on Redevelopment of Areas Under Disaster Risk, which aims to redevelop high-risk areas and allows for higher density development.
3. Requirements for foreign citizens and companies to own land in Turkey, which include obtaining necessary permits if the land is in restricted areas and preparing a development plan for undeveloped land.
Singing in the Rain — How to Defeat Claims Related to Sewer BackupsThomas Gardiner
The Supreme Court of Illinois is considering whether temporary flooding can constitute a taking under the Illinois Constitution in light of a recent U.S. Supreme Court decision. A class of property owners filed suit against a water reclamation district alleging that flooding caused by stormwater diversions damaged their homes and deprived them of use. While an old Illinois precedent held that temporary flooding is not a taking, the U.S. Supreme Court more recently found that temporary flooding can be a taking if it directly interferes with use and enjoyment of the land. The trial court certified a question on whether the new federal precedent overrules the old Illinois precedent.
Overview of eminent domain law, including constitutional basis, necessity and public use requirements, compensation, damages, fair market value, highest and best use, appraisal methodologies, and the date of take.
Khyber Pakhtunkhwa Local Government Act (May 2012)fatanews
This document is the Khyber Pakhtunkhwa Local Government Act of 2012 which establishes local councils in Khyber Pakhtunkhwa province and consolidates laws related to local government institutions. It defines key terms, establishes different types of local councils including district, municipal, and union councils. It also repeals the previous local government law and transitions existing local governments to the new system established in this Act.
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of Ch
Mixed use - Common Problems Under Condominium LawLeks&Co
This document outlines key legal considerations for mixed-use development projects in Indonesia. In the pre-development stage, obtaining title division approval, completing environmental assessments, and addressing traffic and parking requirements are important. During development, adhering to rules for public condominium allocation and pre-sales is essential. Post-development, forming the owners' association properly, establishing management structures, and obtaining hazardous waste licenses are critical to avoid disputes. Overall, navigating different regulations for various land uses and stakeholders is challenging but necessary for mixed-use projects.
Application and relevance of rule against perpetuityAmira Singh
The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. It defines perpetuity as an indefinite period and explains that the rule prohibits the creation of future remote property interests that may vest after the lifetime of the last preceding interest holder or beyond the minority of the ultimate beneficiary. The objective of the rule is to prevent property from being tied up indefinitely and ensure the free and active circulation of property for trade, commerce, and societal benefit. The document outlines exceptions to the rule such as transfers for public benefit, covenants of redemption, personal agreements, pre-emption, perpetual leases, and mortgages. It concludes that the rule against perpetuity aims to prevent
This document summarizes a seminar on post-casualty protocols and processes. It discusses definitions of a casualty, examples of major hurricanes like Katrina and Sandy, issues around a landlord's liability for failing to protect buildings or damaging neighborhoods, drafting casualty lease clauses, rent abatement rights for tenants, and a landlord's ability to recover costs or avoid payment after a casualty. Case studies are presented on issues like rent obligations, indemnification, additional insured status, and constructive eviction in the event of damage to the leased premises.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...throwaw4y
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
NJ Future Forum 2012 Creating a Redevelopment Agenda PernoNew Jersey Future
Planning Partnerships Project Implementation outlines key assets of Camden, New Jersey that could harness its potential including an unmatched regional location, excellent public transportation, influential institutional presence, and regional waterfront recreational assets. It discusses economic development, creating a sense of place, institutional development, neighborhood building, and research/policy and was authored by Anthony J. Perno III on July 7, 2012 as CEO of Cooper's Ferry Partnership located in Camden, NJ.
The document provides instructions for making pink vanilla cupcakes with buttercream frosting. It lists the ingredients needed for the cupcakes and frosting. The instructions are in 5 steps: 1) preheat oven and line tray, 2) mix wet and dry ingredients and beat for 3 minutes, 3) fill patty pans and bake for 20-25 minutes, 4) let cool, 5) frost cupcakes by piping frosting onto the sides and tops and adding sprinkles. The finished cupcakes have pink buttercream frosting and are decorated with sprinkles.
This document discusses civil law obligations and contracts under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that can be demanded. There are four elements of an obligation: an active subject who can demand fulfillment, a passive subject who is obligated to perform, a juridical tie that creates the relationship, and a prestation or object of the obligation. Obligations can arise from law, contracts, quasi-contracts, delicts, and quasi-delicts. The document outlines the various classifications and types of obligations and their elements in detail.
Construction law involves many different areas of law that are relevant to construction work, including contract law, planning and approvals, employment law, worker's compensation, torts, property law, dispute resolution, and occupational safety. A construction lawyer must be well-versed in these practice areas. When issues arise, the lawyer may help clients with matters such as carefully drafting and reviewing contracts; obtaining necessary government approvals; complying with employment and worker safety laws; resolving disputes through negotiation, mediation or litigation; and addressing accidents and injuries on work sites. The goal is to help clients conduct their construction business in accordance with all applicable laws and regulations.
Property: Inroduction, Personal Property, and Wills Tara Kissel, M.Ed
This document provides an overview of Chapter 10 from the textbook "Business Law, Sixth Edition" which covers property law including real and personal property, fixtures, methods of acquiring title to personal property such as gifts and bailments, documents of title, personal property leases, wills, and intestate succession. The learning objectives are to distinguish between different types of property, understand how title is transferred, analyze bailment relationships and duties of bailees, explain will requirements and what happens if there is no will.
The document discusses several maxims of equity, which are general principles that govern how equity operates and illustrate its qualities of being more flexible than common law and taking into account parties' conduct. The maxims establish that equity can intervene with common law if justice requires, acts on parties' consciences to treat obligations as done, and makes orders directly against individuals. Equity aims to provide remedies for wrongs and ensure fairness between parties.
This document summarizes key aspects of the Law of Obligations and Contracts from the Civil Code of the Philippines. It outlines the four essential requisites of an obligation, including a passive subject, active subject, object or prestation, and juridical tie. It also describes the different kinds of obligations according to subject matter and the five sources of obligations: law, contracts, quasi-contracts, crimes/acts punished by law, and quasi-delicts. Finally, it provides examples to illustrate different types of obligations and distinguishes crimes from quasi-delicts.
This document summarizes key concepts in real property and environmental law. It discusses different types of property interests like fee simple, life estates, easements, and profits. It also covers how ownership can be transferred through deeds, wills, adverse possession, and eminent domain. The document outlines landlord-tenant relationships, including rights and duties of landlords and tenants. It briefly discusses environmental law and how it is regulated at both the state and federal level, including through statutes like NEPA.
This document discusses different types of easements in Texas, including private and public easements. Private easements can be easements in gross, which are owned by an individual, or appurtenant easements, which attach to land. Public easements allow use and enjoyment by the general public. The document examines how private and public easements are created through various legal mechanisms and how they can be terminated. It provides examples and details Texas laws regarding easement establishment and termination.
This document discusses strategies for reusing problem properties in New Jersey cities to create opportunities. It outlines challenges like weak housing markets and foreclosures. Existing tools like tax foreclosure and vacant property registration can help reclaim properties. The proposal discusses creating land banks that can acquire problem properties and return them to use. Other proposals include reforming tax sale laws to allow municipalities to gain control of tax delinquent properties and expediting foreclosure for vacant homes. The goal is to put more properties back on the tax rolls and spur redevelopment.
This summary provides an overview of the key information from the document in 3 sentences:
The document discusses Oregonians In Action finishing another successful legislative session, with 5 bills passing including bills related to land use and property rights. It then provides more details on each of the 5 bills that passed, including what issues they addressed and who sponsored them. The document also discusses two other land use and property rights issues regarding riverfront property ownership and challenges in eastern Oregon.
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
Real_Estate_Regulations_in_Turkey-BeachheadTurkeyJVM. Naci Tekin
This document provides an overview of real estate regulations in Turkey. It discusses several key laws and regulations, including:
1. The Law on Amendments to Various Provisions of the Law on Land Registry and the Law on Land Survey, which increases the amount of land a foreign person can own and allows foreign companies to own land indirectly through Turkish companies.
2. The Law on Redevelopment of Areas Under Disaster Risk, which aims to redevelop high-risk areas and allows for higher density development.
3. Requirements for foreign citizens and companies to own land in Turkey, which include obtaining necessary permits if the land is in restricted areas and preparing a development plan for undeveloped land.
Singing in the Rain — How to Defeat Claims Related to Sewer BackupsThomas Gardiner
The Supreme Court of Illinois is considering whether temporary flooding can constitute a taking under the Illinois Constitution in light of a recent U.S. Supreme Court decision. A class of property owners filed suit against a water reclamation district alleging that flooding caused by stormwater diversions damaged their homes and deprived them of use. While an old Illinois precedent held that temporary flooding is not a taking, the U.S. Supreme Court more recently found that temporary flooding can be a taking if it directly interferes with use and enjoyment of the land. The trial court certified a question on whether the new federal precedent overrules the old Illinois precedent.
Overview of eminent domain law, including constitutional basis, necessity and public use requirements, compensation, damages, fair market value, highest and best use, appraisal methodologies, and the date of take.
Khyber Pakhtunkhwa Local Government Act (May 2012)fatanews
This document is the Khyber Pakhtunkhwa Local Government Act of 2012 which establishes local councils in Khyber Pakhtunkhwa province and consolidates laws related to local government institutions. It defines key terms, establishes different types of local councils including district, municipal, and union councils. It also repeals the previous local government law and transitions existing local governments to the new system established in this Act.
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of Ch
Mixed use - Common Problems Under Condominium LawLeks&Co
This document outlines key legal considerations for mixed-use development projects in Indonesia. In the pre-development stage, obtaining title division approval, completing environmental assessments, and addressing traffic and parking requirements are important. During development, adhering to rules for public condominium allocation and pre-sales is essential. Post-development, forming the owners' association properly, establishing management structures, and obtaining hazardous waste licenses are critical to avoid disputes. Overall, navigating different regulations for various land uses and stakeholders is challenging but necessary for mixed-use projects.
Application and relevance of rule against perpetuityAmira Singh
The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. It defines perpetuity as an indefinite period and explains that the rule prohibits the creation of future remote property interests that may vest after the lifetime of the last preceding interest holder or beyond the minority of the ultimate beneficiary. The objective of the rule is to prevent property from being tied up indefinitely and ensure the free and active circulation of property for trade, commerce, and societal benefit. The document outlines exceptions to the rule such as transfers for public benefit, covenants of redemption, personal agreements, pre-emption, perpetual leases, and mortgages. It concludes that the rule against perpetuity aims to prevent
This document summarizes a seminar on post-casualty protocols and processes. It discusses definitions of a casualty, examples of major hurricanes like Katrina and Sandy, issues around a landlord's liability for failing to protect buildings or damaging neighborhoods, drafting casualty lease clauses, rent abatement rights for tenants, and a landlord's ability to recover costs or avoid payment after a casualty. Case studies are presented on issues like rent obligations, indemnification, additional insured status, and constructive eviction in the event of damage to the leased premises.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...throwaw4y
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
NJ Future Forum 2012 Creating a Redevelopment Agenda PernoNew Jersey Future
Planning Partnerships Project Implementation outlines key assets of Camden, New Jersey that could harness its potential including an unmatched regional location, excellent public transportation, influential institutional presence, and regional waterfront recreational assets. It discusses economic development, creating a sense of place, institutional development, neighborhood building, and research/policy and was authored by Anthony J. Perno III on July 7, 2012 as CEO of Cooper's Ferry Partnership located in Camden, NJ.
The document provides instructions for making pink vanilla cupcakes with buttercream frosting. It lists the ingredients needed for the cupcakes and frosting. The instructions are in 5 steps: 1) preheat oven and line tray, 2) mix wet and dry ingredients and beat for 3 minutes, 3) fill patty pans and bake for 20-25 minutes, 4) let cool, 5) frost cupcakes by piping frosting onto the sides and tops and adding sprinkles. The finished cupcakes have pink buttercream frosting and are decorated with sprinkles.
NJFuture Redevelopment Forum 13 Value Capture LizuraNew Jersey Future
This document summarizes two redevelopment projects in New Jersey that received state financing and tax incentives. The Courtyard by Marriott Newark Downtown hotel project received over $33 million in funding including tax credits and bonds. It is expected to generate $28.5 million in tax revenue over 20 years. Two companies, Peapod and Imperial Bag & Paper, received over $63 million in tax credits for projects at a new distribution center, representing over $151 million in investment and creating over 1,000 jobs.
(mobileYouth) Exploding Teen Facebook MythsGhani Kunto
This document summarizes a workshop that will explore and debunk 3 common myths about teens' use of Facebook: 1) That teens are addicted to Facebook, 2) That teens primarily use Facebook to communicate, and 3) That Facebook Pages are the best way for brands to engage teens. The workshop will be presented by two speakers experienced in youth consumer behavior and marketing to social media and brands. Attendees will learn about teens' actual usage patterns on Facebook and the most effective ways for brands to connect with teens through social media.
Green Infrastructure Workshop for Design ProfessionalsNew Jersey Future
On May 26, 2016, Michele Adams of Meliora Design and Tavis Dockwiller of Viridian Landscape Studio gave a presentation on green infrastructure during a workshop put together by New Jersey Future. The workshop was held for design professionals like engineers, landscape architects, and architects who design and/or review stormwater management systems in the Highlands of New Jersey.
Highlands Regional Green Infrastructure Workshop PresentationNew Jersey Future
On April 27, 2016, Michele Adams of Meliora Design and Tavis Dockwiller of Viridian Landscape Studio gave a presentation on green infrastructure during a workshop put together by New Jersey Future in partnership with ANJEC. The workshop was held for municipal leaders like mayors, planning and zoning board members, environmental commission leaders, and members of the general public in the Highlands region.
Jersey Water Works Green Infrastructure Training at NJ Society of Municipal E...New Jersey Future
The Green Infrastructure Committee of Jersey Water Works presented to the New Jersey Society of Municipal Engineers about green infrastructure on September 14, 2016.
Bipartisan Infrastructure Law Eminent Domain Presentation.pptxJeremy Young
The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, will dramatically increase eminent domain and condemnation activity. This presentation summarizes key provisions of the law, provides a baseline understanding of important eminent domain concepts, and makes recommendations for businesses to prepare for the change that iscoming.
When Do Gas Drilling Bans Violate the Constitution of the United StatesKenneth Kamlet
An analysis of whether and when bans or moratoria on unconventional gas drilling and support activities, as practiced in New York by the State (de facto) and numerous localities, violate the "dormant" commerce clause of the U.S. Constitution.
REAL PROPERTY AND FINANCIAL SERVICES, PART 1
Regulatory Takings After Knick
2020 Virtual Bar Convention | Hawaii State Bar Association
Friday, October 16, 2020 | 9:00 AM -12:00 PM
1. The document discusses legal and policy issues surrounding vacant and blighted properties, specifically in Michigan. It outlines the tax foreclosure process in Michigan and the role of land banks in addressing abandoned properties. Land banks have powers under Michigan law to expedite the title clearing process for tax foreclosed properties in order to return them to productive use.
2. The document also discusses various grassroots organizations and programs in Michigan cities that are working to help residents impacted by tax foreclosure and vacant properties. However, large-scale efforts are still needed to address the huge scope of the problem, especially in older urban areas like Detroit.
3. Land banks created under the Michigan Land Bank Fast Track Act have the power to negotiate
Case 5.6Kelo v City of New London545 U.S. 469 (2005)Ye.docxannandleola
Case 5.6
Kelo v City of New London
545 U.S. 469 (2005)
Yes, Actually, They Can Take That Away From You
Facts
In 1978, the city of New London, Connecticut, undertook a redevelopment plan for purposes of creating a redeveloped area in and around the existing park at Fort Trumbull. The plan sought to develop the related ambience a state park should have, including the absence of pink cottages and other architecturally eclectic homes. Part of the redevelopment plan was the city’s deal with Pfizer Corporation for the location of its research facility in the area. The preface to the city’s development plan included the following statement of goals and purpose:
To create a development that would complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city’s waterfront, and eventually “build momentum” for the revitalization of the rest of the city, including its downtown area.
The affected property owners, including Susette Kelo, live in homes and cottages (15 total) located in and around other existing structures that would be permitted to stay in the area designated for the proposed new structures (under the city’s economic development plan) that would be placed there primarily by private land developers and corporations. The city was assisted by a private, nonprofit corporation, the New London Development Corporation (NLDC), in the development of the economic plan and piloting it through the various governmental processes, including that of city council approval. The central focus of the plan was getting Pfizer to the Fort Trumbull area (where the homeowners and their properties were located) with the hope of a resulting economic boost that such a major corporate employer can bring to an area.
Kelo and the other landowners whose homes would be razed to make room for Pfizer and the accompanying and resulting economic development plan filed suit challenging New London’s legal authority to take their homes. The trial court issued an injunction preventing New London from taking certain of the properties but allowing others to be taken. The appellate court found for New London on all the claims, and the landowners (petitioners) appealed.
Judicial Opinion
STEVENS, Justice Two polar propositions are perfectly clear. On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation. On the other hand, it is equally clear that a State may transfer property from one private party to another if future “use by the public” is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example. Neither of these propositions, however, determines the disposition of this case.
The disposition of this case therefore turns on the question whether the City’s development plan serves a “public purpos.
Case 5.6Kelo v City of New London545 U.S. 469 (2005)Ye.docxjasoninnes20
Case 5.6
Kelo v City of New London
545 U.S. 469 (2005)
Yes, Actually, They Can Take That Away From You
Facts
In 1978, the city of New London, Connecticut, undertook a redevelopment plan for purposes of creating a redeveloped area in and around the existing park at Fort Trumbull. The plan sought to develop the related ambience a state park should have, including the absence of pink cottages and other architecturally eclectic homes. Part of the redevelopment plan was the city’s deal with Pfizer Corporation for the location of its research facility in the area. The preface to the city’s development plan included the following statement of goals and purpose:
To create a development that would complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city’s waterfront, and eventually “build momentum” for the revitalization of the rest of the city, including its downtown area.
The affected property owners, including Susette Kelo, live in homes and cottages (15 total) located in and around other existing structures that would be permitted to stay in the area designated for the proposed new structures (under the city’s economic development plan) that would be placed there primarily by private land developers and corporations. The city was assisted by a private, nonprofit corporation, the New London Development Corporation (NLDC), in the development of the economic plan and piloting it through the various governmental processes, including that of city council approval. The central focus of the plan was getting Pfizer to the Fort Trumbull area (where the homeowners and their properties were located) with the hope of a resulting economic boost that such a major corporate employer can bring to an area.
Kelo and the other landowners whose homes would be razed to make room for Pfizer and the accompanying and resulting economic development plan filed suit challenging New London’s legal authority to take their homes. The trial court issued an injunction preventing New London from taking certain of the properties but allowing others to be taken. The appellate court found for New London on all the claims, and the landowners (petitioners) appealed.
Judicial Opinion
STEVENS, Justice Two polar propositions are perfectly clear. On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation. On the other hand, it is equally clear that a State may transfer property from one private party to another if future “use by the public” is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example. Neither of these propositions, however, determines the disposition of this case.
The disposition of this case therefore turns on the question whether the City’s development plan serves a “public purpos ...
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1. New Jersey Future Redevelopment Forum
March 1, 2013
Redevelopment and Port Authority:
Competing and Complimentary
“Public Interests”
Anne S. Babineau, Esq.
Wilentz, Goldman & Spitzer, P.A.
90 Woodbridge Center Drive
Woodbridge, New Jersey 07095
2. Compact of 1921
Port Authority of New York and New Jersey
• Created by “Compact of 1921.”
• A political compact, by its very nature, shifts a part of a
state's authority to another state or states, or to the
agency the several states jointly create to run the
compact," the Appellate Division held in Dittrich v. Port
Authority of New York and New Jersey, Dkt. No. A-1289-
11T1, 2012 N.J. Super. Unpub. LEXIS 2254, Oct. 4,
2012.
3. Compact of 1921
• “The Port Authority was created in 1921 by an interstate
compact between New York and New Jersey, the New
York-New Jersey Port Authority Compact of 1921 (the
Compact), and with the consent of Congress, pursuant
to the Compact Clause. U.S. Const. art. I, § 10, cl. 3.”
Dittrich, 2012 N.J. Super. Unpub. LEXIS 2254, *2.
4. Compact – Creates
“instrumentality” of NJ and NY
• As a bi-state entity, the Port Authority is to "be regarded
as the municipal corporate instrumentality of the two
states for the purpose of developing the port...." N.J.S.A.
32:1-33 (emphasis added); see also Bunk v. Port Auth.
of N.Y. & N.J., 144 N.J. 176, 184 (1996) ("The Port
Authority is not the agency of a single state but rather a
public corporate instrumentality of New Jersey and New
York."). Dittrich, 2012 N.J. Super. Unpub. LEXIS 2254,
*2.
5. Compact
• The Compact defined a Port District
– Provided for its administration by a Port Authority that
was to coordinate terminal, transportation, and other
facilities of commence.
– Also responsible for development, construction,
operation and protection of the Port District.
6. Potential for Competing
“Public Interests”
• If States decide to advance the mutual interests of the
citizens of both states by joint action to overcome
common problems, they have to cede power to allow PA
to carry out the delegated duties and responsibilities.
• Depending on how far the grant of power to the PA is
determined to extend, State/Local can be determined to
have deferred the exercise of what would have been
their power to advance public interest.
7. Eastern Paralyzed Veterans
Assn., Inc. v. Camden
The Controversy:
• “EPVA sued the City and the DRPA to require the
installation of an elevator [which DRPA had not included
in plans for station]. The EPVA alleges that under
N.J.S.A. 52:27D-129b the construction by the DRPA of
any structure or building in the State of New Jersey is
subject to the requirements of the State Uniform
Construction Code Act….” Eastern Paralyzed Veterans
Assn., Inc. v. Camden, 111 N.J. 389, 395 (1988).
• The City of Camden claimed that it wanted to install the
elevator but that the DRPA and PATCO had prevented it
from doing so.
8. Eastern Paralyzed Veterans Assn.,
Inc. v. Camden: Court’s Decision
• Decision:
• “We hold that the State of New Jersey cannot exercise
unilateral jurisdiction over the DRPA; to the extent that
the judgment of the trial court involves a mandatory
injunction to compel the DRPA to comply with the
directives of the Department of Community Affairs, that
judgment must be vacated.” Eastern Paralyzed
Veterans Assn., Inc., 111 N.J. at 407.
9. Eastern Paralyzed Veterans Assn.
v. Camden: Court’s Decision
• Rationale:
“…to hold that the DRPA is subject to the New Jersey
Uniform Construction Code would result in the
imposition, unauthorized by the bi-state compact, of
substantial duties or responsibilities on that Authority.
Both New Jersey and Pennsylvania have consistently
required complementary state legislation for single-state
jurisdiction to be exercised over the Authority.” Eastern
Paralyzed Veterans Assn., Inc., 111 N.J. at 398.
10. Eastern Paralyzed Veterans
Assn., Inc. v. Camden
• The Court said:
“…[B]efore a court can conclude that the agency
impliedly consented to New Jersey's design
requirements, it must consider the question of whether
the structural change would significantly affect PATCO's
operations.” Eastern Paralyzed Veterans Assn., Inc.,
111 N.J. at 392.
11. Eastern Paralyzed Veterans Assn., Inc.
v. Camden: Rationale of Decision
• “…[W]e are led ultimately to consider the real policy
question in this case. That question is not whether there
shall be an elevator in a building, but whether and on
what terms the handicapped shall have access to public
transportation. For underlying the dry technicalities of
jurisdiction is the more fundamental question of
governmental transit policy. It is not the burden of an
elevator on its property that troubles the DRPA, but the
burden of an elevator on its rail operations.”
Eastern Paralyzed Veterans Assn., 111 N.J. at 404.
12. Redevelopment and Port Authority
Complimentary and Competing
“Public Interests”
• Examples
– Industrial Development Projects
– Hoboken Waterfront
– Jersey City Redevelopment
– Portfields Initiatives
13. Industrial Development Projects
The Port Authority has a number of important industrial properties in
the New York and New Jersey region. These include the Industrial
Park at Elizabeth.
14. Industrial Development Projects
Statute
• Industrial development project or facility" means
– any equipment, improvements, structure or facility or any land,
and any building, structure, facility or other improvement
thereon, or any combination thereof, and all real and personal
property,
– located within…a municipality in the New Jersey portion of the
port district which qualified for State aid…
– which shall be considered suitable by the port authority for
manufacturing, research, non-retail commercial or industrial
purposes within an industrial park, or for purposes of
warehousing or consumer and supporting services directly
related to any of the foregoing or to any other port authority
project or facility. N.J.S.A. 32:1-35.73.
15. Industrial Development
Projects Statute
• “The port authority and the city, town, township or village
in which any industrial development project or facility is
to be located and for whose benefit such project or
facility is undertaken are hereby authorized and
empowered to enter into an agreement or agreements to
provide which local laws, resolutions, ordinances, rules
and regulations, if any, of such city, town, township or
village affecting any industrial development project or
facility shall apply to such project or facility. All other
existing local laws, resolutions, ordinances or rules and
regulations not provided for in such agreement shall be
applicable to such industrial development projects or
facilities.” N.J.S.A. 32:1-35.83.
16. Industrial Development
Projects Statute
• “So long as any facility constituting a portion of any
industrial development project or facility shall be owned,
controlled or operated by the port authority, no public
authority, agency, commission or municipality of either or
both of the two states shall have jurisdiction over such
project or facility nor shall any such public authority,
agency, commission or municipality have any jurisdiction
over the terms or method of effectuation of all or any
portion thereof by the port authority.” N.J.S.A. 32:1-
35.83.
17. Hoboken Statute
• Southern Waterfront Project
• “The Port Authority is authorized and empowered, as
limited by sections 6 and 7 of this 1984 amendatory and
supplementary act, to effect, establish, acquire,
construct, rehabilitate, improve, maintain or operate one
waterfront development project in the State of New York
and one waterfront development project in the State of
New Jersey;” N.J.S.A. 32:1-35.36e.
18. Hoboken Statute
• “A waterfront development project in the city of Hoboken
shall be located on all that certain piece, parcel or tract
of land, situate, lying and being in the city of Hoboken, in
the county of Hudson and the State of New Jersey, more
particularly bounded and described as follows …”
N.J.S.A. 32:1-35.36f.
22. Hoboken Statute
• “The undertaking by the Port Authority of any waterfront
development project in the State of New York or the
State of New Jersey, or of any alternative to either of the
two projects authorized pursuant to section 5 of
P.L.1983, c. 9 (C. 32.1-35.36f) and by section 5 of this
1984 amendatory and supplementary act, shall be
subject to the prior express approval of the project by the
city, county, town or village of the State of New York in
which the project is to be located, or by the city, county,
town, borough or township of the State of New Jersey in
which the project is to be located.”
N.J.S.A. 32:1-35.36m.
23. Hoboken Process –
“Public Interest”
• Provided for considerable local input to determining what
was public interest
– City adopted a resolution agreeing in principal to
enter a development agreement with the Port
Authority.
– Adopted a Redevelopment Plan setting forth the
City’s objectives for the Project.
– Negotiated a detailed redevelopment agreement
called the “Municipal Development Agreement, and a
Lease” pursuant to which the Project would be
developed.
24. Tumpson v. Farina
• Controversy:
The City approved the MDA & Lease, a Petition for
Referendum, and when it did so, it acted by Ordinance.
A Petition was filed seeking to put the question of
whether the MDA & Lease should be adopted to an up or
down vote.
25. Tumpson v. Farina
• Decision:
The Trial Court determined that the matter was not
appropriate for decision on a referendum. Ultimately, the
Supreme Court of NJ determined that it was, saying:
– “we are unable to conclude that the Legislature
considered or addressed the referendum issue [in the
Hoboken Statute]”
Tumpson v. Farina, 120 N.J. 55, 57 (1990).
26. Tumpson v. Farina
• Court explained its rationale:
– “Legislation enables the Port Authority to participate
in the Hoboken redevelopment project with the
express approval of the City.”
– By incorporating the Compact of 1921, which created
the Port Authority, see N.J.S.A. 32:1-35.36m, the
Legislature conditioned such participation solely on
the granting of municipal approval in the form of a
resolution of consent. N.J.S.A. 32:1-23.
Notwithstanding the incorporated provisions of
N.J.S.A. 32:1-23, the municipality proceeded by the
ordinance method, thereby insuring broader and fuller
public participation in the process of giving consent to
the Port Authority's role.
27. Tumpson v. Farina
• Rationale:
– “In addition, although the city had on May 3, 1989,
adopted a resolution agreeing in principle to enter a
development agreement with the Port Authority,
neither the Port Authority nor the State of New Jersey,
through the Attorney General, has asserted that the
provision for a referendum on this ordinance will be
an unwarranted infringement on the bi-state agency's
role. See Eastern Paralyzed Veterans Assn, Inc. v.
City of Camden, 111 N.J. 389.
29. Jersey City: Newport and
Port Authority
• Port Authority – interested in acquiring property
in the middle of Newport Redevelopment Plan
Area.
• Collision Course – or Opportunity for advancing
both public interests?
30. Jersey City: Newport and
Port Authority
• Expansion of service facilities around Holland
Tunnel and improvements to Holland Tunnel
Vent Shaft: a case of “substantial duties or
responsibilities on that Authority”?
• JCRA and Redeveloper also implementing
significant public purpose: redevelopment of
blighted waterfront with mixed use project.
31. PATH v. J.C. North Shore
Associates, et al.
• Controversy:
– PATH filed a condemnation action to acquire land
acquired by the Redeveloper of the Newport
Redevelopment Project to construct a ventilation shaft
near the Pavonia Avenue Station.
– PATH acknowledged that the location of the structure
would be “at a central point within the first phase of
the redevelopment project.”
32. PATH v. J.C. North Shore
Associates, et al.
• JCRA sought to intervene in the condemnation action
and filed a separate condemnation action.
• Settlement was reached by parties.
33. PATH v. J.C. North Shore
Associates, et al.
• Settlement:
– Property transferred to PATH for ventilation shaft
– JCRA agreed to exclude the portion of its
condemnation action the property which was the
subject of the PATH taking.
– Parties agreed on changes to the design of the
Ventilation Shaft.
35. PATH & Port Authority v. Newport City
Development Company, et al.
• Controversy:
– Port Authority sought to condemn part of Jersey
City’s Newport Redevelopment Plan Area for
improvement to maintenance and service facilities
for Port Authority.
– City objected due to impact on redevelopment
project.
36. PATH & Port Authority v. Newport City
Development Company, et al.
• Preliminary Decision:
– On the Order to Show Cause return date, Judge
Humphreys determined that “possession will be
stayed pending further order of the Court” and
ordered parties to “intensively explore alternate
proposals to the condemnation of these parcels.”
• Ultimate Resolution:
– The parties negotiated terms to satisfy needs of PA
and City
37. Port Authority Trans-Hudson Corp. v.
Newport City Development Company, et al.
• Controversy:
– PATH & Port Authority filed condemnation to acquire
certain land acquired by the Newport Redeveloper on
land adjacent to the PATH’s Newport Station and the
Holland Tunnel facilities of Port Authority.
– The JCRA sought and was granted intervention.
– The acquisition was opposed, based on its potential
to disrupt the Redevelopment Project.
38. Port Authority Trans-Hudson Corp. v.
Newport City Development Company, et al.
• Ultimate Resolution:
– PATH agreed to make improvements to the Pavonia
Avenue PATH Station (Newport Station).
– The redeveloper agreed to contribute $1M to the
costs of improvement.
39. Port Authority Trans-Hudson Corp. v.
Newport City Development Company, et al.
• At time of reopening of rehabilitated station, Port
Authority Executive Director Joseph J. Seymour said:
"The completion of this $19 million rehabilitation
project is another example of the Port Authority’s
dedicated effort to rebuild the area’s infrastructure
and revitalizing the region’s economy."
41. Portfields Initiative
• Program of PA and NJ EDA
– Helps communities, private developers, and others
transform underutilized and brownfield sites into
productive warehousing and distribution centers.
– EDA has power to undertake “projects” with
considerable tools to accomplish that purpose, with
consent of local municipality. N.J.S.A. 34:1B-5d.
42. Portfields Initiative
These centers will support emerging market opportunities
for new ocean and air freight-related warehousing and
distribution operations.