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HOUSING AUTH. v. SUYDAM INVESTORS

826 A.2d 673 (2003)

177 N.J. 2

The HOUSING AUTHORITY OF the CITY OF NEW BRUNSWICK, Acting as Redevelopment Agency, Plaintiff-Respondent and Cross-Appellant, v. SUYDAM INVESTORS, L.L.C., Defendant-Appellant and Cross-Respondent, and Tinton Falls State Bank, The City of New Brunswick, a municipal corporation, GTL Investments, L.P., American Bankers Life Assurance Company of Florida, John Does 1-10, Public Service Electric & Gas Company and John Does, 11-20, Defendants.

Supreme Court of New Jersey.

Decided July 10, 2003.

Attorney(s) appearing for the Case

James M. Turteltaub, Florham Park, argued the cause for appellant and cross-respondent (Carlin & Ward, attorneys; Mr. Turteltaub and William J. Ward, of counsel and on the briefs).

Marvin J. Brauth argued the cause for respondent and cross-appellant (Wilentz, Goldman & Spitzer, attorneys; Mr. Brauth and Yvonne Marcuse, Woodbridge, of counsel and on the briefs).

Maureen Hinchliffe Bonney, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Peter C. Harvey, Acting Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Bonney and Dale Laster Lessne, Deputy Attorney General, on the briefs).

The opinion of the Court was delivered by LONG, J.

Eminent domain is the awesome power of the sovereign to take property for public use without the owner's consent. 1 Nichols on Eminent Domain § 1.11, at 1-7 (Sackman ed.3d ed.2002). Although that power has been exercised in one form or another since Roman times, 1 Nichols, supra, § 1.12, at 1-14 (citing Annals of Tacitus, Bk. I, p. 75), the actual term "eminent domain" was not coined...

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