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Thursday, March 17, 2011

Town of Kearny v. Discount City of Old Bridge, et al. (A-76-09)

Town of Kearny v. Discount City of Old Bridge, et al. (A-76-09)

A non-record owner of property is not entitled to individualized notice that redevelopment is being considered but only to newspaper publication. If that party does not object or challenge the blight designation at the hearing or in a timely action in lieu of prerogative writs, the issue is foreclosed. In addition, a leasehold interest is an “interest in land” that, standing alone, can be condemned. In that instance, the lessee has the same rights as any other condemnee, including the right to bona fide negotiations. Because bona fide negotiations did not occur here, the condemnation complaint must be dismissed.