Township of West Windsor v. Nierenberg

The opinion of the court was delivered by

BAIME, J.A.D.

The narrow question presented in this case concerns the date for valuing property condemned by the Township of West Windsor. The Eminent Domain Act of 1971 (N.J.S.A. 20:3-1 to -50) provides three alternative dates for valuation — the date the condemnor takes possession of the property, the date the condemnation suit is commenced, or the date on which action is taken by the condemnor which substantially affects the condemnee’s use and enjoyment of the property. N.J.S.A. 20:3-30. The value of the property on the date of the earliest of these…