Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a3393-15.opn.html -- rank: 1000

... Frankenberg, and Cammarano defendants, the DEP sought perpetual easements under N.J.S.A. 12:3-64. The proposed easements would allow for the "construction, periodic nourishment ... shore protection purposes." Specifically, the trial court held that both N.J.S.A. 12:3-64 and the EDA permitted the DEP to take a property ... seeking a ruling that the DEP could not rely on N.J.S.A. 12:3-64 to acquire easements on their properties. The Ritter appellants moved ... the DEP had statutory authority to acquire easements; (2) interpreting N.J.S.A. 12:3-64 to allow for the taking of easements; (3) interpreting N.J.S.A. 12:3-64 to allow for the protection of public beaches; (4) interpreting ... and the power to protect the New Jersey coastline through N.J.S.A. 12:3-64 and N.J.S.A. 12:6A-1. The ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	451 N.J.Super. 214 166 A.3d 239
Document Size:	129157

2 STATE OF NEW JERSEY v. 1 HOWE STREET BAY HEAD, LLC -- rank: 769

... fraudulent, or made in bad faith. IV. Defendants argue that N.J.S.A. 12:3-64 and State v. Archer, 107 N.J. Super. 77 (1969 ... N.J. Super. at 230-32, 237. We reiterate that N.J.S.A. 12:3-64 and Archer support DEP's authority to take the easements ... in her opinion leading to North Beach, and determined that N.J.S.A. 12:3-64 and Archer do not prevent DEP from taking the easements ... S.A. 20:3-1 to -50. See, e.g., N.J.S.A. 12:3-64. The Legislature enacted the EDA to integrate and standardize the ... Robertson, 260 N.J. Super. 37, 43 (Law Div. 1992). N.J.S.A. 12:3-64 provides: The Department of Conservation and Economic Development may acquire ... any lands of the State. [(Emphasis added).] Defendants argue that N.J.S.A. 12:3-64 neither authorizes DEP to condemn easements for storm-protection ...

docket:	a1418-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-16
status:	Published
citation:
Document Size:	73017

3 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF FLOOD HAZARD RISK REDUCTION MEASURES, v. MIDWAY BEACH CONDOMINIUM ASSOCIATION, INC. -- rank: 471

... that DEP failed to engage in bona fide negotiations, that N.J.S.A. 12:3-64 does not authorize the taking, and that the taking was ... Howe and Risden's related appeals on the following arguments: N.J.S.A. 12:3-64 does not authorize the taking; DEP acted arbitrarily and capriciously ... reiterate the following. This court in North Beach held that N.J.S.A. 12:3-64 expressly authorizes DEP to condemn properties for shore protection and ...

docket:	a2071-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-16
status:	Published
citation:
Document Size:	18589

4 BAY HEAD-MANTOLOKING LAND COMPANY v. BEVERLY KONOPADA -- rank: 471

... J.S.A. App. A:9-51.5; or (3) N.J.S.A. 12:3-64. Toward these ends, Governor Christie issued Executive Order No. 140 ...

docket:	a4347-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	50813

5 /usr/local/share/www/libweb/collections/courts/appellate/a0644-17.opn.html -- rank: 404

... of NJDEP's authority to condemn was statutory. Ibid. (citing N.J.S.A. 12:3-64). Here, the municipality also has statutory authority to condemn private ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22048

6 JOHN ROBERT SCADUTO v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 383

... in its perpetual storm damage reduction easements, as we found N.J.S.A. 12:3-64 permitted it to do in North Beach 1003, 451 N ...

docket:	a3240-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-12
status:	Published
citation:
Document Size:	47134