Of Counsel

Michael K. Rutter

Condemnation, Green Acres, Farmland Preservation

Michael joined the firm in 1978. He has over 35 years of experience, focusing on pipeline law, condemnation and real estate law, and environmental law. He has extensive litigation experience in those areas, as well as railroad law, insurance law, and probate.

Mike has filed over 200 Condemnation complaints in state and federal court. He also has over 25 years of experience dealing with NJDEP Green Acres diversions and vast experience acquiring easements over farms preserved by the Farmland Preservation Program.

Mike served as a presiding commissioner in condemnation actions brought before the Superior Court of New Jersey, Law Division, Middlesex County from 1987 until 2009. These appointments are made by the Court. These actions involved the taking of lands by the State, Middlesex County and various municipal entities and authorities. Among the many matters in which Mike has served as presiding commissioner, the most noteworthy is The Housing Authority Of The City Of New Brunswick, Acting As Redevelopment Agency vs. Suydam Investors, L.L.C., et al. which led to a New Jersey Supreme Court opinion setting down the valuation procedure to be followed in the condemnations of allegedly contaminated properties.

My most interesting cases frequently involve competing public policies. A good example would be our first Green Acres condemnation. Never before had anyone taken the state, two townships and a residential developer to federal court to ultimately obtain, by settlement, an easement to complete a pipeline across preserved property.

Reported Cases:
Del. Riverkeeper Network v. Sec’y, Pa. Dep’t of Envntl. Prot., 833 F.3d 360 (3d Cir. 2016)

Professional Affiliations:
As an active member of the legal community, Mike served as president of the New Brunswick Bar Association from 1986 to 1987, president of the Middlesex County Bar Association from 1994 to 1995, vice president of the Association of County Bar Presidents from 1995 to 1996 and president of the Middlesex County Bar Foundation from 1998 to 1999. He was a Middlesex County delegate to the annual NJSBA General Council for more than 20 years, serving on the General Council Executive Committee from 1996 to 1998. Mike is a member of the International Right of Way Association, New Jersey Chapter 15 (1979 – present). He also served in the United States Naval Reserve, attaining the rank of lieutenant.

Education


  • Seton Hall University School of Law (J.D., 1978).
  • Rutgers University (B.A., 1968; Ed. M., 1972).

Bar Admissions


  • 1978, New Jersey
  • 1978, U.S. District Court, District of New Jersey
  • 1992, U.S. Supreme Court
  • 1999, U.S. Court of Appeals, Third Circuit
  • 2016, U.S. Court of Appeals, D.C. Circuit

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