Legal Opinion

State v. Dikert

New Jersey Superior Court Appellate Division

Decided March 12, 1999PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the Court was delivered by

PETRELLA, P.J.A.D.

Defendants, Val Dikert and Sandra Anselmo, appeal from the Law Division judge’s decision ruling that they were not entitled to compensation from the State as a result of its condemnation of the servient tenement, including an easement providing them with access to the highway, because the State provided them with a reasonable alternative means of access to their respective properties. The judge found that where the State provides a reasonable means of alternative access, there is no taking by eminent domain, but rather it is…

2Cases cited29 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Washington Market Enterprises, Inc. v. City of TrentonSupreme Court of New Jersey · 1975
  3. Brown v. BrownSupreme Court of New Jersey · 1981
  4. High Horizons Dev. v. Dept. of Transp.Supreme Court of New Jersey · 1990
  5. State v. SilverSupreme Court of New Jersey · 1983

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3Cited by6 opinions

  1. State Ex Rel. Commissioner of Trans. v. Marlton PlazaNew Jersey Superior Court Appellate Division · 2012
  2. Beattie v. STATE EX REL. GRDASupreme Court of Oklahoma · 2002
  3. Beattie v. State ex rel. Grand River Dam AuthoritySupreme Court of Oklahoma · 2002
  4. HOBOKEN ASSOCIATES, LP VS. CAROLYN B. KENNY, (C-000159-15, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
  5. MINKE FAMILY TRUST VS. TOWNSHIP OF LONG BEACH TOWNSHIP OF LONG BEACH VS. MINKE FAMILY TRUST (L-3033-14 AND L-0585-16, OCEAN COUNTY AND STATEWIDE) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2018

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