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Tuesday, July 17, 2012

BOROUGH OF PAULSBORO VS. ESSEX CHEMICAL CORPORATION A-5248-10T4


BOROUGH OF PAULSBORO VS. ESSEX CHEMICAL CORPORATION
A-5248-10T4

The Suydam rule that contaminated property acquired by eminent domain must be valued as if the contamination had been remediated does not apply in an eminent domain action for acquisition of property containing a landfill that has been closed with the approval of the DEP, because the condemnee in that circumstance is not subject to any additional liability for remediation of the site. 07-16-12