Preservationists undoubtedly cheered the recent decision in Bruce Paparone, Inc. v. State of New Jersey, Agricultural Development Committee, in which the Appellate Division held that it was a question of fact as to whether an offer to purchase farmland from a property owner under the Agricultural Retention and Development Act by the State Agricultural Development Committee (“SADC”) of $2.28 million was “substantially similar” to a developer’s proposed contract price of $2.88 million and that the trial court improperly granted summary judgment when the SADC was denied additional time to present its expert report as to valuation in opposition to Plaintiff’s motion. Read the rest of this entry »

In Raab v. Borough of Avalon, decided on April 30, 2007, the Appellate Division held, on issues of first impression, that (1) the physical taking of real property by a governmental agency, without compliance with the statutory safeguards established by law for the lawful exercise of eminent domain constitutes inverse condemnation, and (2) that actions to recover the value of the real property taken by inverse condemnation must be filed within six (6) years of accrual pursuant to N.J.S.A. 2A:14-1, when the landowner becomes aware of, or through reasonable diligence, should have become aware that he or she has been deprived of all reasonable beneficial use of the property. Read the rest of this entry »