STATE, HIGHWAY COMM'R v. Gorga

The opinion of the court was delivered by

Weintbatjb, C. J.

This is a condemnation case. The Appellate Division reversed the judgment upon defendants’ appeal, 45 N. J. Super. 417 (1957), and we granted the State’s petition for certification. 25 N. J. 49 (1957).

We think the judgment of the Appellate Division should be affirmed but with some clarifying observations.

The ultimate issue here is the fair market value as of the date of taking, New Jersey Highway Authority v. Wood, 39 N. J. Super. 575, 579 (App. Div. 1956), certification denied, 21 N. J. 551 (1956), determined by what would be…