NJ Court Clarifies Cleanup Requirements For Eminent Domain

Law360, New York (July 16, 2012, 5:56 PM EDT) -- Condemnation proceeds cannot be used to offset the $60 million cost of razing a closed landfill on a tract seized from a chemical company for the $250 million Paulsboro Marine Terminal in New Jersey, a state appeals court ruled Monday in a precedential opinion.

Special valuation methods that apply to eminent domain actions involving contaminated land, which also require the land payment to be held for environmental cleanup, do not apply to landfills closed with state approvals, the court said.

The case centers on the borough...
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