Eminent domain and condemnation proceedings can be an essential element of obtaining the permitting and ownership rights needed for a project. Rutter & Roy’s knowledge and experience in this highly specialized field makes us the firm of choice for clients engaged in these projects in New Jersey. In numerous cases, we have represented both interstate natural gas pipeline companies and government authorities.

With regard to our interstate natural gas pipeline clients, we have filed more than 100 condemnations in the U.S. District Court of New Jersey (Newark, Trenton and Camden combined).    In each instance, we were successful in settling the cases without the need for a valuation proceeding.  In fact, beginning in 2001, we were the first firm in New Jersey to obtain immediate possession of the easements condemned for an interstate natural gas pipeline company.  Our pleadings are now the template used by other firms in federal court to acquire immediate possession for their interstate pipeline clients.

In 2013 our firm was retained as special counsel to the State of New Jersey to handle the acquisition of dune and beach replenishment easements in connection with a hurricane and storm damage protection project along the Jersey Shore.  Rutter and Roy filed more than 35 condemnation actions in New Jersey Superior Court in order to acquire the easements needed to build the project.  The property rights have been acquired and the matters are now proceeding to commissioners’ hearings and trial.

The determination of just compensation due a property owner in a condemnation proceeding can be complicated. This is especially true when the taking involved is partial, as is often the case when constructing a linear project such as an above-ground power transmission line or an underground pipeline. This intricate process has become even more complex since the 2013 New Jersey Supreme Court decision in Borough of Harvey Cedars v. Karan, which changed the analysis used to determine just compensation in New Jersey eminent domain cases. Our firm was the first firm in New Jersey to go to trial in condemnation matters in a post-Karan world.  We have handled many commissioner hearings and jury trials in this area of law, with favorable results.

There are only a handful of firms in the state who have litigated compensation determination for linear projects, and even fewer with any significant track record post-Karan. Rutter & Roy is one of them, and is arguably one of the preeminent firms in New Jersey in this field.