Legal Question in Real Estate Law in New Jersey

Eminent domain

We have a business located in East Orange, NJ. the city is in the process of taking over our area because of Eminent Domain. Our building which is owned by our business and does not pay rent is in this area. We run our family business, and rent out 7 offices out of this building. We have many questions, but one we want answered, is should we pay ourselves rent, would it make any difference. We would like to keep our building, is there any way to fight this. We would gladly make necessary modifications. Also should we make long term leases with our tenants.

They have told us verbaly that it would take two years before they acquire our building. And then they say maybe. Is there any recourse, this is weighing heavely on my mind.


Asked on 1/21/05, 10:04 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Eminent domain

You usually cannot avoid condemnation by a city, if there is good reason for it and you are not being singled out. You are entitled to be paid the fair value of the building and appraisals may be necessary. Unless you are being discriminated against by the city, where you have the right to contest the decision, all you can do is try to do is maximize what you will be paid. I suggest retaining an attorney familiar with these types of matters. The local bar association has a referral service and can give you names of attorneys experienced in these matters.

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Answered on 1/24/05, 10:50 am


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