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Tuesday, June 17, 2014

05/06/14 NEW JERSEY TRANSIT CORPORATION VS. MORI A-0122-12T4


05/06/14 NEW JERSEY TRANSIT CORPORATION VS.
MORI
A-0122-12T4
     This appeal concerns property acquired by New Jersey Transit through      condemnation. The  property contains navigable waters of the United States under the exclusive jurisdiction of the United States Army Corps of Engineers (ACOE). We held that because the ACOE has exclusive jurisdiction to determine whether the taking area falls under the category of wetlands, it was error to submit this issue to the jury.
     We also held that the trial judge should have conducted a pre-trial N.J.R.E. 104 hearing and rendered a determination that there existed the reasonable probability the ACOE would have granted a Section 404 permit as of the taking date for the proposed private development.