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TP. OF WEST WINDSOR v. NIERENBERG

285 N.J. Super. 436 (1995)

667 A.2d 362

TOWNSHIP OF WEST WINDSOR IN THE COUNTY OF MERCER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. YVETTE NIERENBERG AND PRINCETON MANOR ASSOCIATES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1995.

Attorney(s) appearing for the Case

Richard L. Rudin argued the cause for appellant (Weiner, Lesniak, attorneys; Mr. Rudin, of counsel; Mr. Rudin and Susan Sigle, on the brief).

Edward D. McKirdy argued the cause for respondent Yvette Nierenberg (McKirdy & Riskin, attorneys; Mr. McKirdy, on the brief).

Andrew J. Rothman argued the cause for respondent Princeton Manor Associates (Greenbaum, Rowe Smith, Ravin & Davis, attorneys; Mr. Rothman, on the brief).

Before Judges BAIME, VILLANUEVA and KIMMELMAN.

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

The narrow question presented in this case concerns the date for valuing property condemned by the Township of West Windsor. The Eminent Domain Act of 1971 (N.J.S.A. 20:3-1 to -50) provides three alternative dates for valuation — the date the condemnor takes possession of the property, the date the condemnation suit is commenced, or the date on which action is taken by the condemnor which substantially...

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