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BOROUGH OF HARVEY CEDARS v. KARAN

A-120-11 September Term 2011, 070512

70 A.3d 524 (2013)

214 N.J. 384

BOROUGH OF HARVEY CEDARS, Plaintiff-Appellant, v. Harvey KARAN and Phyllis Karan, Tenants in Common, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 8, 2013.

Attorney(s) appearing for the Case

Lawrence H. Shapiro, Ocean, argued the cause for appellant (Ansell Grimm & Aaron, attorneys).

Peter H. Wegener, Lakewood, argued the cause for respondents (Bathgate Wegener & Wolf, attorneys).

Christopher S. Porrino, Assistant Attorney General, argued the cause for amicus curiae Department of Environmental Protection ( Jeffrey S. Chiesa, Attorney General of New Jersey, attorney; Mr. Porrino,   David S. Frankel, Deputy Attorney General, and Dean Jablonski, Assistant Attorney General, on the brief).

David C. Apy, Princeton, argued the cause for amicus curiae The Jersey Shore Partnership ( Saul Ewing, attorneys).

Justice ALBIN delivered the opinion of the Court.

When a municipality takes private property for a public use, the property owner is entitled to "just compensation" under our State and Federal Constitutions. N.J. Const. art. I, ¶ 20; N.J. Const. art. IV, § 6, ¶ 3; U.S. Const. amend. V. In this case, as part of a massive public-works project, the Borough of Harvey Cedars exercised its power of eminent domain to take a portion of...

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