CASINO REINVESTMENT DEV. v. HAUCK


722 A.2d 949 (1999)

317 N.J. Super. 584

CASINO REINVESTMENT DEVELOPMENT AUTHORITY, a public corporate body of the State of New Jersey, Plaintiff-Respondent/Cross-Appellant, v. Walter J. HAUCK and Virginia Hauck, husband and wife, Defendants-Appellants/Cross-Respondents, and State of New Jersey, National Westminster Bank, John Doe(s), an unknown claimant(s), fictitious name(s), who is (are) or may be tenant(s), City of Atlantic City and Atlantic City Municipal Utilities Authority, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 1999.


Attorney(s) appearing for the Case

Peter H. Wegener, Lakewood, for defendants-appellants/cross-respondents (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener, of counsel; Peter G. Licata, Ridgefield, on the brief).

Paul V. Fernicola, Middletown, for plaintiff-respondent/cross-appellant (Giordano, Halleran & Ciesla, attorneys; Mr. Fernicola, on the brief).

Edward D. McKirdy, Morristown, for intervenor Yvette Nierenberg (McKirdy & Riskin, attorneys; Mr. McKirdy, on the brief).

Richard L. Rudin, Parsippany, for intervenor Township of West Windsor (Weiner, Lesniak, attorneys; Mr. Rudin, on the brief).

George P. Ljutich, Deputy Attorney General, on behalf of intervenor State of New Jersey (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Ljutich, on the brief).

Before Judges BAIME, CONLEY and A.A. RODRíGUEZ.


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

The Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, provides three alternative valuation dates: the date the condemnor takes possession of the property, N.J.S.A. 20:3-30(a); the date on which the condemnation action is commenced, N.J.S.A. 20:3-30(b); and the date on which action is taken by the condemnor which substantially affects the condemnee's use and enjoyment of the property,...

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