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STATE v. SILVER

92 N.J. 507 (1983)

457 A.2d 463

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. MORRIS SILVER AND SARA SILVER, HIS WIFE, DEFENDANTS-RESPONDENTS, AND THE CENTRAL JERSEY BANK AND TRUST COMPANY, A CORPORATION OF NEW JERSEY; VLADIMIR PENDOV; TOWNSHIP OF HOWELL, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 17, 1983.

Attorney(s) appearing for the Case

Patricia D. Connelly, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel).

Ruben D. Silverman argued the cause for respondents (Silverman & Silverman, attorneys).

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

This action arises under the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50. It involves the public acquisition for highway purposes of a portion of each of two commonly owned contiguous parcels of land that had been put to separate uses before the taking. In this case, the issue is whether, in awarding severance damages attributable to the partial taking from each lot, the common ownership of the contiguous...

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