'An Analysis of Partial Takings and Contributory Value in the Context of Various Court Decisions'.

Author:Moliver, Donald M.
 
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To the Editor

The Appraisal Journal article "An Analysis of Partial Takings and Contributory Value in the Context of Various Court Decisions" (Spring 2019), by Tony Sevelka, MAI, SRA, AI-GRS, referenced the New Jersey Supreme Court decision in Borough of Harvey Cedars v. Karan. As the appraiser for the plaintiff in the Borough of Harvey Cedars v. Karan, and as the attorney arguing on behalf of the Borough before the supreme court, respectively, we read the article with a great deal of interest. We found the analysis of tests and methods of calculating contributory value within the context of condemnation and expropriation to be illuminating, particularly when there is not a sufficiency of market data to establish land values. Furthermore, the court decisions analyzed present a balanced array of various seminal judicial opinions with multiple nuances and underlying circumstances. Given our familiarity with the Karan matter, however, we take exception with one critical point referenced in the article's summary of the court's ruling. On page 143 of the article the author states, "The supreme court found that the trial court had erroneously instructed the jury on the calculation of just compensation, and consequently it remanded the case for a new trial." While it is correct that the New Jersey Supreme Court reversed the trial and appellate courts' decisions, it did so not based upon the...

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