Case Law Summaries

Griffith v. State of New Jersey Department of Environmental Protection

CONDEMNATION; REGULATORY TAKINGS—A property owner is not entitled to compensation for the period between what would have been a regulatory taking and the time that the regulatory authority makes an effective amelioration offer.

• Opinion Date: January 31, 2000
• Real Property Law

County of Ocean v. DeDreux

CONDEMNATION; PROOFS—In a condemnation matter, neither party has the burden of proof; a jury is required to resolve contested issues by a preponderance of the believable evidence.

• Opinion Date: February 10, 2000
• Real Property Law

State of New Jersey v. Trap Rock Industries, Inc.

CONDEMNATION; HIGHWAYS—The Department of Transportation has the authority to condemn land remote from a highway for the purpose of achieving environmental mitigation.

• Opinion Date: February 3, 2000
• Real Property Law

Casino Reinvestment Development Authority v. Katz

CONDEMNATION—A condemning authority that fails to engage in bona fide negotiations with a property owner may not institute a condemnation suit.

• Opinion Date: July 13, 2000
• Real Property Law

Casino Reinvestment Development Authority v. Lustgarten

CONDEMNATION; EXPERTS—A court in a condemnation matter should allow expert testimony to rebut the credibility of the other party’s testifying expert.

• Opinion Date: July 5, 2000
• Real Property Law

Township of South Brunswick v. S.B. Land Restoration Corp.

CONDEMNATION; EASEMENTS—A municipality may reasonably determine that a particular drainage path is needed for the public good, and once having done so, taking the land as an easement can be a valid public purpose under eminent domain law.

• Opinion Date: July 5, 2000
• Real Property Law

Casino Reinvestment Development Authority v. Marks

CONDEMNATION; ATTORNEYS FEES—Court Rules do not mandate the award of attorneys’ fees in condemnation cases even if the condemning authority rejects an offer from a condemnee and the court awards a higher sum.

• Opinion Date: July 6, 2000
• Real Property Law

Burlington Outlet Mart Partnership v. Burlington County Bridge Commission

CONDEMNATION—An owner has a duty to preserve the value of its property after a threatened condemnation is rescinded.

• Opinion Date: October 4, 2000
• Real Property Law

Casino Reinvestment Development Authority v. Hauck

CONDEMNATION—Interest on a condemnation award runs from the date of the commencement of the action, but in times of great rate fluctuations, it may differ from that set by Court Rule.

• Opinion Date: February 3, 2000
• Real Property Law

Wise v. Bloomfield College

CHARITABLE IMMUNITY—A student is no less a beneficiary of a college’s benefactions just because injuries resulted from a fall in a dormitory shower; thus, charitable immunity still protects the college.

• Opinion Date: March 8, 2000
• Real Property Law