New Jersey Modernizes Partial Takings Compensation

Posted on December 17th, 2013

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.

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