Jury Awards Shopping Center Owner $1.6 Million in N.J. Eminent Domain Case

September 29, 2010 – In The News
National Real Estate Investor

In a recent New Jersey case, David Snyder represented the property owners of Marlton Crossing shopping center in their win of a $1.6 million verdict for an essential driveway they lost in the Marlton Circle elimination project. After bringing in a transportation consultant to review the shopping center’s access changes, Snyder and the property owners realized the impact on the internal traffic flow if one of the three driveways was removed from the shopping center. The case shows that property owners who lose even partial access to their property through eminent domain may be able to argue for a higher price to cover the damages in addition to the value of the land. “Changes of access is a huge issue because it happens fairly regularly,” said Snyder.

Snyder says federal stimulus dollars have fueled a nationwide increase in road and transportation projects that frequently acquire land from private property owners by means of eminent domain powers. Snyder advises any property owner who loses land to eminent domain to explore every option before settling on a sale price and to not assume that a price offered or the state’s explanation of the property owner’s rights are correct. “Even well-meaning departments of transportation do not always know the law,” said Snyder.

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