Search Rutgers Law Library N.J. Court Opinions

16 CITY OF LONG BRANCH v. LOUIS THOMAS ANZALONE -- rank: 807

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) Original Wordprocessor Version NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0067-06T2 A-0191-06T2 CITY OF LONG BRANCH, a A-0192-06T2 Municipal Corporation in the ...

docket:	a0067-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	157370

17 MINKE FAMILY TRUST v. TOWNSHIP OF LONG BEACH a Municipal Corporation of the State of New Jersey TOWNSHIP OF LONG BEACH a Municipal Corporation of the State of New Jersey v. MINKE FAMILY TRUST and LISA TOMASI, LYDIA ZINZI JEAN VELTEN and TOWNSHIP OF -- rank: 778

... acquired and identity of improvements to be acquired, if any[.] N.J.S.A. 20:3-6 provides that no action to condemn shall be instituted unless ...

docket:	a2660-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-20
status:
citation:
Document Size:	53631

18 NEW UNITED CORPORATION v. ESSEX COUNTY VOCATIONAL-TECHNICAL SCHOOLS BOARD OF EDUCATION -- rank: 770

... which we agree, asserts that the Board of Education violated N.J.S.A. 20:3-6's requirement to engage in "good faith negotiations" with a ... approved appraisal of the fair market value of such property. . . . [ N.J.S.A. 20:3-6.] This provision serves "'to encourage public entities to acquire property ... J. 55 , 69 (1997) (holding that although the requirements of N.J.S.A. 20:3-6 may be waived by a condemnee, they cannot be dispensed ... 390 N.J. Super. 475 , 483 (App. Div. 2007) (holding N.J.S.A. 20:3-6's prerequisites jurisdictional). Although the Eminent Domain Act does not ... 566. When government is unwilling or unable to comply with N.J.S.A. 20:3-6, dismissal of its condemnation complaint is not a product of ... may release a condemning authority from the stern application of N.J.S.A. 20:3-6. Carroll , supra , 123 N.J. at 323; see also , ...

docket:	a2302-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	54461

19 NEW UNITED CORPORATION v. ESSEX COUNTY VOCATIONAL-TECHNICAL SCHOOLS BOARD OF EDUCATION -- rank: 770

... which we agree, asserts that the Board of Education violated N.J.S.A. 20:3-6's requirement to engage in "good faith negotiations" with a ... approved appraisal of the fair market value of such property. . . . [ N.J.S.A. 20:3-6.] This provision serves "'to encourage public entities to acquire property ... J. 55 , 69 (1997) (holding that although the requirements of N.J.S.A. 20:3-6 may be waived by a condemnee, they cannot be dispensed ... 390 N.J. Super. 475 , 483 (App. Div. 2007) (holding N.J.S.A. 20:3-6's prerequisites jurisdictional). Although the Eminent Domain Act does not ... 566. When government is unwilling or unable to comply with N.J.S.A. 20:3-6, dismissal of its condemnation complaint is not a product of ... may release a condemning authority from the stern application of N.J.S.A. 20:3-6. Carroll , supra , 123 N.J. at 323; see also , ...

docket:	a2014-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	54459

20 Township of West Orange v. 769 Associates, LLC -- rank: 764

... the owner of real property prior to filing a complaint. N.J.S.A. 20:3-6 provides: Whenever any condemnor shall have determined to acquire property ... the appraiser during inspection of the property. The purpose of N.J.S.A. 20:3-6 is “to encourage public entities to acquire property without ...

docket:	a-113-07
court:
decided:	2009-04-09
status:
citation:	198 N.J. 529
Document Size:	78771

21 STATE OF NEW JERSEY v. MOHAMMED ARIFEE -- rank: 764

... with the statutory requirement of bona fide negotiations, pursuant to N.J.S.A. 20:3-6. More specifically, the State claims: By equating inclusion of non ... aff'd 210 N.J. Super. 568 (App. Div. 1985). N.J.S.A. 20:3-6 requires the municipality to engage in bona fide negotiations with ... or possession through bona fide negotiations with the prospective condemnee . . . ." N.J.S.A. 20:3-6 is to "encourage acquisitions without litigation, thus saving both the ... At the very least, the State was obligated, pursuant to N.J.S.A. 20:3-6, to consider defendant's full mortgage amount and lost revenue ... 354. Defendants contended that the municipality had not complied with N.J.S.A. 20:3-6 because defendants were not provided the opportunity to physically accompany ... have been dismissed upon a finding of non-compliance with N.J.S.A. 20:3-6. The panel held that the Eminent Domain Act of ...

docket:	a5633-07
court:	superior court appellate division
decided:	2009-08-27
status:	unpublished
citation:
Document Size:	71157

22 CITY OF ASBURY PARK v. ASBURY PARK TOWERS -- rank: 751

... did not engage in bona fide negotiations as required by N.J.S.A. 20:3-6, and claiming the acquisition was not necessary for redevelopment purposes ... Asbury Park engaged in bona fide negotiations as required by N.J.S.A. 20:3-6 during the pre-litigation period. He also found the public ... failed to comply with the bona fide negotiations requirement of N.J.S.A. 20:3-6, which requires that "no action to condemn shall be instituted ... 3-1 to -50, sets forth procedures for taking property. N.J.S.A. 20:3-6 states that before filing a complaint seeking authority to take ... the owner the opportunity to be present at the inspection. N.J.S.A. 20:3-6. Then, it must send an offer in writing, which includes ... amount of [the condemnor's] offered compensation has been calculated. . . ." N.J.S.A. 20:3-6. The Court has held that the "reasonableness of pre- ...

docket:	A1235-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-08
status:	unpublished
citation:
Document Size:	47847

23 BOROUGH OF MERCHANTVILLE v. MALIK & SON, LLC -- rank: 745

... we hold that a condemning authority is not obligated under N.J.S.A. 20:3-6 to negotiate with the assignee of a mortgagee which has ... refusal thereof shall be evidential in the determination of compensation. [ N.J.S.A. 20:3-6 (emphasis added).] "If the government does not conduct the requisite ... S.A. 20:3-2(c), and the specific section, N.J.S.A. 20:3-6, mandating that the bona fide pre-litigation negotiations are to ... the property during the requisite time period. Thus pursuant to N.J.S.A. 20:3-6 and the case law, the Borough had a legal obligation ... the sole interest being condemned and a literal reading of N.J.S.A. 20:3-6 (negotiations with the title owner) would result in litigation filed ... participate in subsequent valuation and allocation eminent domain proceedings. See N.J.S.A. 20:3-6; Cynwyd Invs. , supra , 148 N.J. at 70; Disc. ...

docket:	a3745-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-05
status:	published
citation:	429 N.J.Super. 416 59 A.3d 1085
Document Size:	53278

24 CITY OF CAMDEN v. JAMES JOHN FORMOSA -- rank: 743

... have been dismissed because the City failed to comply with N.J.S.A. 20:3-6, which states in pertinent part that: no action to condemn ...

docket:	A0644-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-23
status:	unpublished
citation:
Document Size:	59089

25 THE HOUSING AUTHORITY CITY OF NEW BRUNSWICK v. SUYDAM INVESTORS, L.L.C., -- rank: 732

... property.     Suydam's arguments rest primarily on the part of N.J.S.A. 20:3-6 to make a bona fide offer for the property and ... effective January 1986, sets forth a more detailed description than N.J.S.A. 20:3-6 of the information a condemnor must disclose to the condemnee ... If a condemnor fails to disclose the information required by N.J.S.A. 20:3-6 and Rule 4:73-1, this will support a finding ... manner in which the amount of . . . offered compensation [was] calculated," N.J.S.A. 20:3-6, did not include possible environmental contamination. See State, by Comm ... s property is reduced by the presence of environmental contamination. N.J.S.A. 20:3-6 does not authorize such relief, which could prevent a condemnor ...

docket:	a5439-00
court:	njappellate
decided:	2002-12-11
status:	published
citation:	355 N.J. Super. 530
Document Size:	49481

26 CITY OF LONG BRANCH v. DENNIS S. SPANOS and THEONIE F. SPANOS, his wife -- rank: 719

... manner in which the amount of the offer was calculated. N.J.S.A. 20:3-6. The Court has noted that, "[b]ecause the purpose of ...

docket:	A2936-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-14
status:	unpublished
citation:
Document Size:	99066

27 The City of Atlantic City v. Cynwyd Investments -- rank: 711

... an adjoining property owner complies with the Local Budget Law, N.J.S.A. 20:3-6, for the City to have obtained an appraisal before condemnation ... Act, 68 N.J. 35, 40 (1975) (quoting Governor Cahill). N.J.S.A. 20:3-6 requires that the condemnor conduct "bona fide negotiations with the ... J. 424 (1975). The question is, who is a condemnee? N.J.S.A. 20:3-6 reads, in relevant part:         [N]o action to condemn shall ...

docket:	a-55-96
court:	njsupreme
decided:	1997-03-10
status:
citation:	145 N.J. 373
Document Size:	55212

28 Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C.et als. -- rank: 708

... breach its duty to engage in bona fide negotiations under N.J.S.A. 20:3-6 and Rule 4:73-1, id. at 543; and (4 ... delineate the parties’ obligations regarding disclosure of environmental contamination under N.J.S.A. 20:3-6 and therefore should be barred from asserting contamination as a ... of real property prior to filing a declaration of taking. N.J.S.A. 20:3-6 provides, in part: [N]o action to condemn shall be ... the appraiser during inspection of the property. The purpose of N.J.S.A. 20:3-6 is “to encourage public entities to acquire property without litigation ...

docket:	a-68-02
court:	njsupreme
decided:	2003-07-10
status:
citation:	177 N.J. 2
Document Size:	72641

29 CITY OF PASSAIC v. CHARLES SHENNETT -- rank: 697

... the property, a prerequisite to a condemnation complaint pursuant to N.J.S.A. 20:3-6 requires the municipality to engage in bona fide negotiations with ... failed to provide the requisite notice of condemnation pursuant to N.J.S.A. 20:3-6 was, as stated by the Eminent Domain Revision Commission, to ... full compensation. This purpose is furthered by strict construction of N.J.S.A. 20:3-6. If a condemnor may ignore the statute and later cure the proceedings, the purpose of N.J.S.A. 20:3-6 will be completely frustrated. Indeed, an order for a stay ... what it should have done earlier will encourage noncompliance with N.J.S.A. 20:3-6. A condemnor will know that if it does not comply ... 1988). We cannot, therefore, overlook the City's noncompliance with N.J.S.A. 20:3-6. Since the prerequisites are jurisdictional, the trial court lacked ...

docket:	A1311-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-09
status:	published
citation:	390 N.J. Super. 475 915 A.2d 1092
Document Size:	59857

30 CITY OF NEWARK v. ORR INVESTMENTS, INC -- rank: 692

... Investors, L.L.C. , 177 N.J. 2 , 15 (2003). N.J.S.A. 20:3-6 provides, in pertinent part, that no action to condemn shall ... to accompany the appraiser during the inspection of the property. [ N.J.S.A. 20:3-6.] Once bona fide negotiations have failed, a condemnor may file ... condemnation proceedings fourteen days after the date of the letter. N.J.S.A. 20:3-6. Defendant refused to engage in bona fide negotiations with Newark ...

docket:	a1072-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	unpublished
citation:
Document Size:	41230