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STATE v. 200 ROUTE 17, L.L.C.

Docket No. A-6208-08T1

22 A.3d 1012 (2011)

421 N.J. Super. 168

STATE of New Jersey by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Appellant/Cross-Respondent, v. 200 ROUTE 17, L.L.C., a Limited Liability Company of New Jersey, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 2011.

Attorney(s) appearing for the Case

David R. Patterson , Deputy Attorney General, argued the cause for appellant/cross-respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Patterson , on the brief).

Joseph B. Fiorenzo argued the cause for respondent/cross-appellant (Sokol, Behot & Fiorenzo, attorneys; Mr. Fiorenzo , of counsel and on the brief; Steven Siegel , Hackensack, on the brief).

Before Judges CARCHMAN, GRAVES and MESSANO.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

This appeal by the State from a condemnation award, requires us to consider whether an appraiser, in opining as to the highest and best use of condemned property, may consider hypothetical costs of improvements and renovations to the property in determining its fair market value. We hold that the State is required to compensate a property owner for the land and improvements in their present condition...

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