SUPERIOR COURT OF NEW JERSEY RULES STATE HIGHWAY COMMISSIONER CAN ACQUIRE PARK LAND WITHOUT CONSENT OF A PARK COMMISSION

THE NEW JERSEY STATE HIGHWAY DEPARTMENT ATTEMPTED TO BUY LAND FROM THE UNION COUNTY PARK COMMISSION IN CONNECTION WITH THE CONSTRUCTION OF INTERSTATE HIGHWAY 78. THE PARK COMMISSION REFUSED TO SELL THE DESIRED LAND AT THE OFFERED PRICE, WHEREUPON THE DEPARTMENT BROUGHT AN ACTION TO CONDEMN THE LAND. THE PARK COMMISSION CONTENDED THAT A STATUTE PROHIBITED THE USE OF ITS PROPERTY FOR A HIGHWAY WITHOUT ITS CONSENT. THE COURT POINTED OUT THAT THERE WAS NO PROHIBITION CONCERNING THE HIGHWAY COMMISSIONER'S AUTHORITY TO CONDEMN PARK LANDS AND THAT THE HIGHWAY COMMISSIONER MUST DO EVERYTHING POSSIBLE TO REACH AN AGREEMENT WITH THE PARK COMMISSION AS TO THE LAYOUT AND CONSTRUCTION OF HIGHWAYS ON PARK LANDS. HOWEVER, IF THIS FAILED HE COULD CONDEMN LANDS AND TAKE OVER THE LAND, INCLUDING LAND DEVOTED TO PUBLIC USE. (STATE V. UNION COUNTY PARK COMMIN, 214 A.2D 446, OCTOBER 1965)

  • Supplemental Notes:
    • No 28, pp 3-4
  • Publication Date: 1966-6

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00238601
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 31 1994 12:00AM