Borough of Rockaway v. Donofrio

In Borough of Rockaway v. Donofrio 186 N.J. Super. 344, 354, 452 A.2d 694 (App.Div.1982), plaintiff municipality filed an action to condemn defendants' property for street improvements. Defendants argued that plaintiff did not comply with N.J.S.A. 20:3-6 because defendants were not provided the opportunity to accompany the appraiser to the property. The trial judge allowed plaintiff to attempt to cure the defect without dismissing the action and stayed the case pending appointment by plaintiff of a new appraiser. The appellate court reversed, ruling that the plaintiff's action should have been dismissed for non-compliance with N.J.S.A. 20:3-6. The court held that the Eminent Domain Act of 1971 should be strictly construed: To foster amicable adjustment and thereby reduce litigation, the statute shall require that before proceedings are instituted, the condemning body shall conduct bona fide negotiations with the owners, through fair offers of compensation, including a reasonable disclosure of the manner of arriving at the offer.Rockaway, 186 N.J. Super. at 350, 452 A.2d 694. The court reasoned that had plaintiff complied with the statute, defendants may have had a better understanding why their property was being taken, what would be built and possibly avoid any misunderstandings that may have been presented. Id. at 354, 452 A.2d 694. Even though plaintiff sought to appoint a new appraiser so that defendants would have an opportunity to accompany him to the property, plaintiff did not comply with the statute, and its complaint was dismissed. Id.