. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 191590

$________ – EMINENT DOMAIN – TAKING BY NJ TPK AUTHORITY FOR ROAD WIDENING PROJECT AND PLACEMENT OF GAS PIPELINE UNDER PARKING AND LOADING DOCK OF RECENTLY BUILT WAREHOUSE.

Mercer County, NJ

This was an eminent domain case involving an approximate 70 acre property that contained a newly built industrial warehouse that was approximately 20 acres in size, and which borders the New Jersey Turnpike. When the plaintiff Turnpike Authority submitted its original plans, it called for an easement for the building of a fuel pipeline that would be placed along the edge of the property that bordered the Turnpike. The defendant property owner had refused the Turnpike Authority’s offer of approximately $________, and while negotiations were occurring, the Turnpike Authority made significant changes to its plan, deciding to instead lay the pipeline under the facility’s parking area and loading docks. The Turnpike Authority increased its offer to approximately $________. The offer included compensation for the inability of the property owner to rent the facility for approximately six months and the value of approximately four acres of land adjacent to the Turnpike. The property owner’s compensation claim approximated $________. The property had recently been purchased for approximately $________ and the warehouse was brand new – it had yet to be rented due to the impending Turnpike project. After changing the location of the pipeline easement, the Turnpike Authority’s appraiser acknowledged the damages in the form of lost rent to the defendant during the construction of the pipeline, but did not include any decrease in value created by the permanent presence of the pipeline.

The property owner contended that since the Turnpike Authority reserved the right to re-enter the premises to conduct maintenance or repairs of the pipeline, the value of the property was permanently diminished. The property owner also maintained that the offer was inadequate because the rent offered did not include payment for expenses such as maintenance and real estate taxes during the period in which it could not rent the facility, and also because the facility was not rentable for a period longer than six months. The Turnpike Authority contended that the chances that such repairs or maintenance would disrupt operations being needed were minimal and that the property owner’s claims for damages should be rejected.

The owner countered that the since the Turnpike Authority had retained the right to have such maintenance and/or repairs effectuated at any time in the future, it was clear that such an eventuality was clearly foreseeable. The property owner also pointed out that included in the Turnpike Authority’s permanent easement was the right to construct a second pipeline next to the first pipeline. The property owner’s counsel related that a search revealed no comparable warehouse properties in which an easement for a pipeline that ran under a parking area and loading dock were found. The plaintiff’s expert related that an appropriate method of calculating the impact on value was using the capitalization method that took into account the extent to which the risk of future use of the easement, and corresponding closure of the property, would have on the market value.The case settled prior to trial for $________.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.