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SCHNACK v. STATE

160 N.J. Super. 343 (1978)

389 A.2d 1006

HELEN SCHNACK, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF CORA HILDEBRANT AND EDWARD SCHNACK, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, BY THE DEPARTMENT OF TRANSPORTATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 1978.

Attorney(s) appearing for the Case

Mr. Jerry Fischer, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

Mr. Edward D. McKirdy argued the cause for respondents (Messrs. McKirdy and Risken, attorneys).

Before Judges LYNCH, BISCHOFF and KOLE.

PER CURIAM.

This appeal involves a consideration of whether the actions of the State Department of Transportation (DOT) in filing an alignment preservation map for a new highway which would run through plaintiffs' property and that of others, and in acquiring and demolishing nearly all the residences in the vicinity, amount to a "taking" of plaintiffs' property for which the Constitution requires just compensation...

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