Category: Real Property Law

Renaissance Condo Association v. Milner

CONDOMINIUMS; MEETINGS—A condominium association cannot promulgate or enforce rules by actions taken at board meetings held in violation of the open meetings requirement of the Condominium Act.

• Opinion Date: February 8, 2001

O’Loughlin v. National Community Bank

CONDOMINIUMS; DEVELOPERS; SUCCESSORS—A lender that takes over a condominium project, as a successor developer, but does no substantive construction work is not liable to a pre-takeover unit buyer who was aware of a defect prior to the takeover.

• Opinion Date: March 29, 2001

Fox v. Kings Grant Maintenance Assoc., Inc.

CONDOMINIUMS—The power of a condominium association to delegate authority to an umbrella organization is limited and a municipal land use board can’t make such delegation a condition of site plan approval.

• Opinion Date: May 17, 2001

The Township of Monroe v. Noonan

CONDEMNATION; PUBLIC PURPOSE—While public sentiment may be considered in formulating a Master Plan or enacting a zoning ordinance, it is not a proper factor in condemnation.

• Opinion Date: March 9, 2001

State of New Jersey v. Cular

CONDEMNATION; NEGOTIATIONS—Where bona fide negotiations have already taken place without avail, a condemning authority seeking to slightly increase the amount of property to be taken does not have to reopen negotiations if the change in the value of the property is also slight.

• Opinion Date: February 9, 2001

City of Orange Township v. Empire Mortgage Services, Inc.

CONDEMNATION; MORTGAGES—A mortgage lender that does not promptly act to claim its share of eminent domain proceeds from a court-held fund is only entitled to collect interest at the interest rate earned on the funds and not at the higher loan interest rate.

• Opinion Date: June 15, 2001

City of Long Branch v. Bassinder

CONDEMNATION; LEASES—Absent a lease clause to the contrary, a tenant under a 99 year lease may have the right to share in a condemnation award.

• Opinion Date: August 22, 2001

The Port Authority of New York and New Jersey v. Hartz Mountain Industries, Inc.

CONDEMNATION; INTEREST RATES—A court has the discretion to set the interest rate to be paid by a condemning authority on the deficiency between the ultimate award and the amount previously deposited by the authority, and that rate can be the “tort” rate, the prime rate or some other interest rate appropriate under all of the circumstances.

• Opinion Date: December 19, 2001

Township of West Windsor, in the County of Mercer v. Nierenberg

CONDEMNATION; INTEREST RATES—In determining the interest rate to be paid on condemnation awards, it is appropriate for a court to consider the prevailing commercial interest rates, the prime rates of interest, and the legal rates of interest and select the rate which will best indemnify the condemnee for loss of use of the compensation.

• Opinion Date: December 13, 2001

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

CONDEMNATION; ENVIRONMENTAL MITIGATION—The Department of Transportation may condemn property to use as part of an environmental mitigation plan related to highway construction.

• Opinion Date: March 15, 2001