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STATE BY COM'R OF TRANSP. v. SHEIN

283 N.J. Super. 588 (1995)

662 A.2d 1020

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. ROBERT J. SHEIN, MINDA SHEIN, MICHAEL SENOFF AND JANE SENOFF, DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY; JACK BORRUS; ESHAM CORP., A DEFUNCT CORPORATION OF NEW JERSEY; TOWNSHIP OF NORTH BRUNSWICK, IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION IN NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1995.

Attorney(s) appearing for the Case

George P. Ljutich argued the cause for appellant (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Ljutich, Deputy Attorney General, on the brief).

David B. Rubin argued the cause for respondents (Rubin, Rubin, Kaplan & Kuhn, attorneys; Mr. Rubin, on the brief).

Before KING, D'ANNUNZIO and EICHEN, JJ.

The opinion of the court was delivered by EICHEN, J.S.C. (temporarily assigned).

This is a condemnation case in which the dispute focuses on the question of just compensation for property taken by the State of New Jersey, Department of Transportation (the State), under its eminent domain powers. The main issue presented involves the interpretation of the term fair market value in determining just compensation in circumstances...

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