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STATE v. WEISWASSER

287 N.J. Super. 287 (1996)

671 A.2d 121

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. FRED WEISWASSER AND GERALDINE WEISWASSER, DEFENDANTS-RESPONDENTS. AND TOWNSHIP OF HAINESPORT, IN THE COUNTY OF BURLINGTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1996.

Attorney(s) appearing for the Case

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

David S. Brandt argued the cause for respondent (Brandt, Haughey, Penberthy, Lewis & Hyland, P.A., attorneys; Patrick F. McAndrew, of counsel and on the brief).

Before Judges KING, KLEINER and HUMPHREYS.

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

This is an appeal by the State of New Jersey and cross-appeal by defendants, Fred Weiswasser and Geraldine Weiswasser, property owners, in a condemnation action pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50. We are called upon to determine two questions of first impression in New Jersey: (a) whether the State may require a condemnee to accept substitute real estate or the value thereof...

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