NJDOT offered the owner of an auto parts store in Howell Township, Monmouth County, $1,400.00 as compensation for a strip taking along the property’s frontage adjacent to Route 33. The offer was based upon the NJDOT’s appraisal, which concluded that the taking would not result in any severance damages to the remaining property.SOLUTION
McKirdy & Riskin represented the property owner and engaged engineering and appraisal experts who were able to establish that, due to a change in grading of the highway along the property’s frontage, trucks would not be able to enter or exit the site to make deliveries. They concluded that providing sufficient monies to pay for a re-grading and repaving of the site to allow trucks to enter and exit could cure these damages to the remaining property.RESULT
The NJDOT was unwilling to accept the owner’s position, so the matter was moved to trial in the New Jersey Superior Court before a Monmouth County jury. The jury agreed with the owner’s position and awarded $63,500 as just compensation.
The client received more than 45 times the amount of monies offered by the NJDOT.