Klumpp v. Borough of Avalon (A-49-09) 6-22-10
Ordinarily, the relief available to a property holder
from a governmental taking accomplished without
adherence to the Eminent Domain Act’s requirements
would be to pursue an inverse condemnation action
within the six-year statute of limitations period
under N.J.S.A. 2A:14-1. On the unique facts of this
case, however, equity demands that plaintiffs be
allowed the opportunity to amend their complaint to
add a claim for inverse condemnation to pursue
valuation of their property at the time of the taking
that occurred in or around 1965, when the dune was
constructed on their property.
