Lawrence H. Shapiro

Appraisal Institute’s Annual Meeting

Larry Shapiro, Esq., a Member of Ansell Grimm & Aaron, P.C., recently spoke at the Appraisal Institute’s Annual meeting in Princeton on the impact of the Borough of Harvey Cedars vs. Karan Supreme Court decision.  Mr. Shapiro commented upon the impact of the NJ Supreme Court’s landmark decision and how the change in the law enunciated by the Court impacted valuation issues in partial condemnation cases.  He also spoke about the issue of beach access in the context of condemnation actions involving oceanfront property.  Including, beach access; private beaches; use and enjoyment of the beach; the public trust doctrine and valuation of beach areas.

New Jersey Modernizes Partial Takings Compensation

In “New Jersey Modernizes Partial Takings Compensation,” published in the November 2013 issue of the American Planning Association’s Planning and Environmental Law Journal, Lawrence Shapiro and Heather Garleb analyze the New Jersey Supreme Court’s decision in Harvey Cedars v. Karan and the impact it will have on future condemnation cases.

Concluding that the Harvey Cedars v. Karan decision has brought the evidence that may be presented to a jury in line with what the law requires that jury to consider, Shapiro and Garleb analyzed New Jersey’s prior “special benefits” standard and its deficiencies.   Post Karan, a jury will now hear and consider evidence of both the negative impact of a project on the remaining property and the positive impact of a project on that same remaining property.

Accordingly, now determinations of just compensation in partial takings cases will more accurately reflect the realities of the real estate market.  In practice, this shift in the law will allow for fairer determinations in terms of awards to be paid for property taken by eminent domain, for both property owners and condemning authorities.

To read full article, please click here.

 

Shapiro Prevails Before New Jersey Supreme Court

Lawrence H. Shapiro, Esq., a Member of Ansell Grimm & Aaron, P.C., representing the Borough of Harvey Cedars achieved a landmark victory before the New Jersey Supreme Court in the case, Borough of Harvey Cedars v. Karan.  By a 5-0 margin, the State’s highest Court overturned rulings by the Superior Court and Appellate Division in holding that evidence of the positive benefits from beach replenishment and dune construction shore protection projects should be considered by a jury in determining just compensation in partial takings cases.  The decision marks a change in the law of the State which previously required a condemnor to demonstrate special benefits were received by a property owner in order to set off damages alleged to have been inflicted on property remaining after a partial taking; something that was never achieved in any reported decision in New Jersey.  The decision in Karan creates a new standard by which such evidence should be presented to a jury.

The Supreme Court decision has been hailed as saving shore protection projects in the State due to the fact that even after Superstorm Sandy, many oceanfront property owners have refused to provide the easements necessary for the construction of protective dune and beach projects to begin, holding out for large payments for their easements.  The Court’s ruling reversed a jury award to the Karan’s of $375,000 for the impact on their oceanfront view from a dune construction and beach replenishment project, and returns the matter to the trial court for a new trial in which the Borough will be able to present evidence of the benefits of the project, which it was previously prevented from doing.

Mr. Shapiro handled all aspects of the case including the jury trial, appeal, application to the Supreme Court and briefing and arguing the merits before that Court.

Read more at NY Times.com; NJ.com or APP.com.

View Supreme Court Oral Argument video here

 

Eminent Domain Seminar

Lawrence H. Shapiro, Esq., lead counsel for the Borough of Harvey Cedars in the matter of Harvey Cedars v. Karan currently pending before the New Jersey Supreme Court, will be a featured panelist at the National Business Institute (NBI) seminar “Eminent Domain from Start to Finish”.  The seminar will be on June 3, 2013 and is being held at the Doubletree by Hilton Newark Airport.  Should you wish to register, please contact NBI at 800-930-6182 or do so online at, www.nbi-sems.com.

Forum on Condemnation Issues at Monmouth University

Lawrence H. Shapiro, Esq., a condemnation attorney with ANSELL GRIMM & AARON, PC,  will be a featured panelist at a Monmouth University Seminar, sponsored by the Kislak Real Estate Institute, on Wednesday, May 8th.  The panel will discuss the eminent domain case of The Borough of Harvey Cedars v. Karan which is currently pending before the New Jersey Supreme Court in which Mr. Shapiro represents the Petitioner, Borough of Harvey Cedars.  The case is presently scheduled for oral argument on May 13th or 14th.

The case deals with the ability of a condemning authority to present evidence of the positive effects of a beach restoration and dune construction project that was constructed in the Borough before Super Storm Sandy struck and which saved oceanfront homes in the Borough, such as the Karan’s, from certain destruction.

The issue is one that has not been reviewed or addressed by the Court in over 100 years and in light of Sandy has implications for beach and dune projects throughout the State.  In fact, the State of New Jersey’s application to appear as Amicus in the matter has been granted.

The panel also features former Chief Justice of the New Jersey Supreme Court, James Zazzali, Esq.