Borough of Paulsboro v. Essex Chemical Corporation, A-5248-10T4; Appellate Division; opinion by Skillman, J.A.D., retired and temporarily assigned on recall; decided and approved for publication July 17, 2012. Before Judges Grall, Alvarez and Skillman. On appeal from the Law Division, Gloucester County, L-699-06. [Sat below: Judge McDonnell.] DDS No. 17-2-7005 [13 pp.]
In Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C., the New Jersey Supreme Court held that contaminated property acquired in an eminent-domain action must be valued as if the contamination had been remediated and that the portion of the condemnation award required to pay the costs of remediation should be deposited into a trust-escrow account. The question presented by this appeal is whether this methodology for valuing contaminated property applies in an eminent-domain action for acquisition of property containing a landfill that has been closed with the approval of the Department of Environmental Protection (DEP).
