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GARDINER v. STATE

196 N.J. Super. 529 (1984)

483 A.2d 442

DICKINSON GARDINER AND FRANCES L. GARDINER, PLAINTIFFS, v. STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division Gloucester County.

Decided August 15, 1984.

Attorney(s) appearing for the Case

Martin F. Caulfield, for plaintiffs (Hannold, Caulfield, Marshall & McDonnell, attorneys).

Robert L. Heugle, Jr., for defendant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

MILLER, EDWARD S., J.S.C.

In this case which is apparently of first impression, the court is required to determine whether rollback taxes imposed under the authority of N.J.S.A. 54:4-23.8 must be imposed upon the owner of farmland condemned by the State of New Jersey under its powers of eminent domain, N.J.S.A. 20:1-1, et seq., or whether the additional taxes imposed shall be borne by the State. The facts are simple and uncontroverted.

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