Eminent Domain / Condemnation

Since the early 1970's the firm has been offering its services to clients affected by eminent domain. Peter H. Wegener, a founding partner of the firm, who heads up the Eminent Domain Department, started representing clients along Route 70 and various parcels within the Township of Lakewood during that time period. The Department has grown significantly under Mr. Wegener's guidance and includes other partners and associates engaged on particular matters.

As a result of the hundreds of cases handled over the better part forty years, Mr. Wegener, has made significant contributions to the field of eminent domain jurisprudence.

Mr. Wegener has been in the vanguard of property attorneys in developing an expanded concept of “highest and best use” by developing a line of cases including State v. Hope Assoc, 206 N.J.Super.633 (App. Div. 1993) modified 136 N.J. 27 (1994); State v. Caioli, 135 N.J. 252 (1994); County of Monmouth v. Hilton,334 N.J. Super.582 (App. Div. 2000) and State v. Simon, 367 N.J. Super.242 (App Div. 2004). Mr. Wegener has helped make the difficult path to “just compensation” a little more sure.

While the firm specializes in representing property owners, we have also at times represented the Howell Board of Education, Township of Brick, and the Township of Dover, as well as other municipalities and public entities in acquiring property for various schools, land preservation, etc.

The Department draws upon the collected experience of trial lawyer, Peter H. Wegener, and the various extensive real estate transactions handled by the firm over its 40-year history.

We offer guidance from the initial the initial governmental action, the initial offer and through the commission hearing process, trial and appeal levels of condemnation matters. Recently, the Department has been involved in a successful challenge to the taking of properties under the Redevelopment Plan in Long Branch, New Jersey, in the area known as MTOTSA, as well as the Broadway Redevelopment Zone. Also, we are currently representing property owners in connection with beach replenishment projects, including the City of Long Branch v. Liu, presently pending before the New Jersey Supreme Court. As an experienced litigator, Mr. Wegener and his staff have tried cases at all levels of the court system.