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State v. Hancock

New Jersey Superior Court, Appellate Division


Decided: December 31, 1985.

STATE OF NEW JERSEY BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT,
v.
H. EDWARD HANCOCK, ET AL., DEFENDANTS-RESPONDENTS

On appeal from the Superior Court of New Jersey, Law Division, Burlington County whose opinion is reported at N.J. Super. (Law Div. 1985).

King, O'Brien and Scalera. The opinion of the court was delivered by King, P.J.A.D.

King

[210 NJSuper Page 569] We granted leave to appeal to review Judge Haines order denying appointment of condemnation commissioners on August 8, 1985. See R. 2:2-4. 208 N.J. Super. 737. We now affirm for the reasons given by him in his written opinion filed in the Law Division. By this affirmance we note that we disapprove of the opinions of the Law Division in State v. Rowland, 183 N.J. Super. 558 (Law Div.1982), and State v. Meisler, 128 N.J. Super. 307 (Law Div.1974), and approve of Judge Haines' opinion in State v. Siris, 191 N.J. Super. 261 (Law Div.1983). We also note that we are aware of the recent rule amendment to R. 4:73-1*fn1 adopted by the Supreme Court, effective January 2, 1986. The rule amendment adopts very broad disclosure requirements upon filing the complaint by the

[210 NJSuper Page 570]

State but does not deal with prelitigation statutory disclosure requirements. In the field of condemnation, "government has an overriding obligation to deal forthrightly and fairly with property owners." F.M.C. Stores, Co. v. Borough of Morris Plains, 100 N.J. 418, 426 (1985).


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