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STATE, BY COM'R OF TRANSP. v. CARROLL

123 N.J. 308 (1991)

587 A.2d 260

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. PHILIP R.T. CARROLL AND MRS. PHILIP R.T. CARROLL, DEFENDANTS-RESPONDENTS, AND TOWNSHIP OF MOUNT LAUREL, IN THE COUNTY OF BURLINGTON, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT.

The Supreme Court of New Jersey.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Bernard M. Flynn, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

Philip R.T. Carroll argued the cause pro se.

Arnold K. Mytelka submitted a brief on behalf of amicus curiae Belfer Development Company (Clapp & Eisenberg, attorneys; Arnold K. Mytelka and Mark F. Kluger, on the brief).

William Z. Shulman submitted a brief on behalf of amicus curiae North Bergen Municipal Utilities Authority (Shulman & Wall, attorneys; William Z. Shulman and Thomas J. Wall, of counsel and on the brief).

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

In this condemnation case, the State sought to acquire a portion of the frontage of private property to widen a highway. The property owner challenged the action on the grounds that the State, contrary to requirements of statute, failed to conduct bona-fide negotiations prior to the condemnation. The trial court found that the State had not conducted bona-fide negotiations because of deficiencies in the State's...

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