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STATE BY COM'R OF TRANSP. v. TESTA

247 N.J. Super. 335 (1991)

589 A.2d 190

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. AUGUSTINE TESTA AND DOROTHY B. TESTA, DEFENDANTS-RESPONDENTS, AND NEW JERSEY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION; COMMERCE BANK, N.A., A NATIONAL BANKING ASSOCIATION; FRANK DEMURO, D/B/A PRINCETON TELE COMMUNICATIONS; JOHN PETZITELLO, D/B/A BIG JOHN'S RESTAURANT; STATE OF NEW JERSEY; TOWNSHIP OF CHERRY HILL, IN THE COUNTY OF CAMDEN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1991.

Attorney(s) appearing for the Case

George P. Ljutich, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney, Michael R. Clancy, Assistant Attorney General, of counsel, George P. Ljutich, on the brief and the reply brief).

Eileen K. Fahey argued the cause for respondents (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys, Patrick F. McAndrew, on the brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.

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

This appeal raises anew the issue of the extent of disclosure required by N.J.S.A. 20:3-6, which directs that the condemning authority, prior to instituting an action to condemn, engage in bona fide negotiations with the property owner, including "an offer in writing ... setting forth ... the compensation offered to be paid and a reasonable disclosure of the manner in which the amount of such offered...

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