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STATE, BY COM'R OF TRANSP. v. D'ONOFRIO

235 N.J. Super. 348 (1989)

562 A.2d 267

STATE OF NEW JERSEY, BY COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. DONATO D'ONOFRIO, II, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided April 3, 1989.

Attorney(s) appearing for the Case

George P. Ljutich, Deputy Attorney General, for plaintiff State of New Jersey, By Commissioner of Transportation (Peter N. Perretti, Jr., Attorney General).

John H. Buonocore, Jr., for defendant Donato D'Onofrio, II; (McKirdy and Riskin, attorneys).

SERPENTELLI, A.J.S.C.

N.J.S.A. 20:3-6 provides, with certain exceptions, that no action to condemn shall be instituted unless the condemnor has engaged in bona fide negotiations with the condemnee. Those negotiations must include a reasonable disclosure of the manner in which the amount of offered compensation was calculated. At issue here is the scope of the required disclosure. Does the term "reasonable disclosure" compel the condemnor to give the condemnee...

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