State v. New Jersey Zinc Co.

The opinion of the court was delivered by

Hall, J.

Is the holder of an option on real property which is the subject of a condemnation proceeding, not exercised before the commencement of the proceeding, entitled to be made or become a party and to participate therein ? The Law Division held in the negative and the optionee’s appeal to the Appellate Division was certified on our motion before argument there.

The question is a narrow one on its face and is even more limited under the facts of the case. Our decision thereon must be confined to the precise issue arising from the particular setting.

In…