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STATE v. BIRCH

115 N.J. Super. 457 (1971)

280 A.2d 210

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF - RESPONDENT, v. HAZEL R. BIRCH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1971.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for appellant (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

Mr. Richard L. Rudin, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Rudin, on the brief).

Before Judges SULLIVAN, COLLESTER and LABRECQUE.

The opinion of the court was delivered by LABREBQUE, J.A.D.

In this condemnation case defendant Hazel R. Birch appeals from a verdict in the sum of $22,000 for a portion of her land taken by the State in connection with the construction of the Route 35 freeway (the freeway) and damage to the remainder.

Mrs. Birch was the owner of a tract of land which lay athwart the proposed right-of-way of the freeway. The actual taking involved approximately three acres...

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