State by the Commissioner of Transportation v. 200 Route 17, L.L.C., A-6208-08T1; Appellate Division; opinion by Carchman, P.J.A.D.; decided and approved for publication July 19, 2011. Before Judges Carchman, Graves and Messano. On appeal from the Law Division, Bergen County, L-3591-05. DDS No. 26-2-2959 [17 pp.]

This appeal by the state from a condemnation award considers whether an appraiser, in opining as to the highest and best use of condemned property, may consider hypothetical costs of improvements and renovations to the property in determining its fair market value.