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Thanks to SCOTUS, NJ Developers May Navigate Waterways Decisions More Quickly

In New Jersey, developers who disagree with federal agency determinations can also take advantage of the decision to seek judicial determination and not wait for years of litigation to take place, Reinhart says. Listen to our exclusive audio interview.

Peter Reinhart, director of the Kislak Real Estate Institute, Monmouth University (Steve Lubetkin Photo/StateBroadcastNews.com. Used by permission) Peter Reinhart, director of the Kislak Real Estate Institute, Monmouth University (Steve Lubetkin Photo/StateBroadcastNews.com. Used by permission)

WEST LONG BRANCH, NJ—New Jersey commercial developers planning development along the Jersey Shore may be able to navigate administrative agencies more quickly, following a recent unanimous US Supreme Court decision in a dispute over what constitutes a navigable waterway, according to Peter Reinhart, director of the Kislak Real Estate Institute and the NJAR/Greenbaum/Ferguson Chair of Real Estate Policy at Monmouth University.

In the case, U.S. Army Corps of Engineers v. Hawkes Co., the Court decided that property owners trying to get a determination of whether there is a navigable waterway on their property did not have to gamble by either suing the Corps of Engineers or building and hoping the Corps wouldn’t sue them later, explains Reinhart, who is also “Of Counsel” to real estate development law firm Giordano Halleran & Ciesla.

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Steve Lubetkin

Steve Lubetkin

Steve Lubetkin is the New Jersey and Philadelphia editor for GlobeSt.com. He is currently filling in covering Chicago and Midwest markets until a new permanent editor is named. He previously filled in covering Atlanta. Steve’s journalism background includes print and broadcast reporting for NJ news organizations. His audio and video work for GlobeSt.com has been honored by the Garden State Journalists Association, and he has also been recognized for video by the New Jersey Chapter of the Society of Professional Journalists. He has produced audio podcasts on CRE topics for the NAR Commercial Division and the CCIM Institute. Steve has also served (from August 2017 to March 2018) as national broadcast news correspondent for CEOReport.com, a news website focused on practical advice for senior executives in small- and medium-sized companies. Steve also reports on-camera and covers conferences for NJSpotlight.com, a public policy news coverage website focused on New Jersey government and industry; and for clients of StateBroadcastNews.com, a division of The Lubetkin Media Companies LLC. Steve has been the computer columnist for the Jewish Community Voice of Southern New Jersey, since 1996. Steve is co-author, with Toronto-based podcasting pioneer Donna Papacosta, of the book, The Business of Podcasting: How to Take Your Podcasting Passion from the Personal to the Professional. You can email Steve at [email protected].

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