The increase in oil prices has been a boom for natural gas suppliers as many property owners convert from oil to natural gas. To meet demand and extend service, gas companies are installing new pipelines throughout New Jersey and, in most cases, the pipelines are being installed on private property.
New Jersey adopted a law that may help property owners whose property was damaged by Hurricane Sandy. However, you need to act quickly to take advantage of the law.
On May 17, 2011, Timothy P. Duggan, Chair of Stark & Stark’s Eminent Domain and Property Valuation Group, was successful in obtaining a jury verdict in a condemnation action for $4, 450,000. Mr. Duggan represented the owner of an old bank building which was taken by Rowan University. When Rowan University and the property owner could not reach an agreement on the amount of just compensation, the matter was tried before a jury in Camden County, New Jersey.
Timothy P. Duggan, Chair of Stark & Stark’s Condemnation & Eminent Domain Group, was quoted in the March 18, 2011 NJ Biz article, N.J. Supreme Court decision could affect commercial lease negotiation.
On November 1, 2010, the New Jersey Supreme Court refused to review a decision by the Appellate Division of the Superior Court of New Jersey holding that a billboard located along the New Jersey Turnpike was not “real property” under the Eminent Domain Act of 1971. New Jersey Turnpike Authority v. Witt, et. al., Docket No. A-0995-09T3 (App. Div. July 15, 2010).
In most eminent domain cases, the government will deposit the pre-litigation offer with the Superior Court of New Jersey shortly after the complaint is filed. The property owner (or lien holders) is entitled to withdraw the funds without effecting his or her right to seek additional money from the government. If the property owner is successful in recovering additional money (ie., proving the property is worth more than the government’s appraised value), the government must pay interest on any additional money awarded to the property owner.
Timothy P. Duggan, Shareholder of Stark & Stark’s Condemnation group, was quoted in the June 16, 2009 NJ Biz article, Senators announce amendments to eminent domain legislation. The article discusses the recent amendments to State Senate majority leader Steve Sweeney (D-West Deptford) and State Senator Ronald Rice’s (D-Newark) previously proposed eminent domain legislation, which would allow redevelopment in the state while still providing protection and fair compensation to property owners if eminent domain is required.
What recourse, if any, does a property owner have when the government relocates a tenant to a new property in anticipation of acquiring the first property by eminent domain, but subsequently decides not to take the property? The answer depends on the length and terms of the lease.
On April 9, 2009, the New Jersey Supreme Court reversed the decision of the Appellate Division in a case analyzing a condemning authority’s obligation to reimburse a property owner for legal fees and expenses in a condemnation case. Township of West Orange v. 769 Associates, LLC, ___, N.J. __ WL. 962687 (2009).
Timothy P. Duggan, Shareholder and member of Stark & Stark’s Real Estate, Zoning & Land Use group, will serve as Co-Chair of the 4th Annual CLE International Eminent Domain Seminar. The seminar will be held Friday April 17, 2009 at the Hilton in Newark, New Jersey.