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STATE, BY COMM'R OF TRANSPORTATION v. HANCOCK

208 N.J. Super. 737 (1985)

506 A.2d 855

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. H. EDWARD HANCOCK AND WALTER W. HANCOCK, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided August 29, 1985.

Attorney(s) appearing for the Case

John J. Franzini for plaintiff (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

S. David Brandt for defendants (Brandt, Haughey, Penberthy, Lewis & Hyland, attorney).

HAINES, A.J.S.C.

Our condemnation statute, N.J.S.A. 20:3-6, provides that

... no action to condemn shall be instituted unless the condemnor is unable to acquire such title or possession through bona fide negotiations with the prospective condemnee, which negotiations shall include an offer in writing by the condemnor to the prospective condemnee holding the title of record to the property being condemned, setting forth the property and interest...

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