COUNTY OF MONMOUTH v. HILTON


760 A.2d 786 (2000)

334 N.J. Super. 582

The COUNTY OF MONMOUTH, a Municipal Corporation of the State of New Jersey, Plaintiff-Appellant/Cross-Respondent, v. Robert E. HILTON, Defendant-Respondent/Cross-Appellant, and Greenpoint Mortgage Corp.; Jersey Central Power & Light Company; New Jersey Bell Telephone Company a/k/a Bell Atlantic-New Jersey; Tax Collector, City of Long Branch; Sewer Collector, City of Long Branch Sewerage Authority; Edison Radiology Group, P.A.; Block 425, Lot 7, Long Branch, New Jersey; and Joseph Scibetta; Angelina Scibetta; Elizabeth Latzko, Widow a/k/a Elizabeth Latzko Brady; Carmela Sverapa; William A. Helstrom; Jo Cavaliere Helstrom; Jersey Central Power & Light Company; New Jersey Bell Telephone Company a/k/a Bell Atlantic-New Jersey; Tax Collector, City of Long Branch; Sewer Collector, City of Long Branch Sewerage Authority; Michael Sinatra; Block 425, Lot 8, Long Branch, New Jersey; and Theresa M. Schmelter, Married; National Westminster Bank, N.J.; Jersey Central Power & Light Company; New Jersey Bell Telephone Company a/k/a Bell Atlantic-New Jersey; Tax Collector, City of Long Branch; Block 425, Lot 9, Long Branch, New Jersey; and Thomas Ward; Tax Collector, City of Long Branch; Sylvia Hartstein; DRS Enterprises d/b/a Tire Craft TBA Division; Woodshire Apartments; State of New Jersey, Division of Unemployment and Disability Insurance; Hagedorn Center for Geriatrics; Block 425, Lot 10, Long Branch, New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 2000.


Attorney(s) appearing for the Case

Robert B. Thaler, Red Bank, argued the cause for appellant/cross-respondent (Mr. Thaler, on the brief).

Peter H. Wegener, Lakewood, argued the cause for respondent/cross-appellant (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener, of counsel and on the brief).

Before Judges PRESSLER, KESTIN and CIANCIA.


PRESSLER, P.J.A.D.

This condemnation case requires us to address the question of whether and if so, the extent to which, the prospect of a future assemblage of the subject property with contiguous property owned by others in order to create a single integrated unit may affect the subject property's fair market value and hence the compensation for its taking that must be paid by the condemning authority. We hold that the reasonable probability of such an assemblage...

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