Real Estate & Property Law

Payment Prior to Dispossession

By Alan Ackerman

SOMERS POINT--It's been a fixture on the Somers Point circle for nearly three decades, and now the Pearl restaurant and bar, is officially closed. It was an emotional day for the owners, who were not ready or willing to part with the business they've put their heart and soul into.

As Pearl Lin takes the final tour of her restaurant, it looks nothing like the place she's owned and operated for 27 years. "Look at my restaurant," she said walking around the torn apart kitchen in tears, "it's going to be like this...like this?"

The business was a labor of love for Lin and her husband who did everything there, and now have no choice but to hand the keys over to the state. "And I get nothing," said Lin in tears, "here almost 30 years and I don't have nothing."

"It's like I lose a child," said Steve Lin. Their restaurant and the land it sits on has been taken by the NJ Department of Transportation through eminent domain as part of the Route 52 causeway project. "They don't have consideration...this is not necessary," he said, "never come to talk to us, never. Never sit down, listen to our opinion."

The Lins say they were offered $1.6 million for the property, which isn't much more than what they bought it for nearly three decades ago, so it can be turned into a parking lot for the Somers Mansion. They say so far, they have not received any money. "Nothing," said Lin, "not a dime, not even a penny. Not even at this moment, not a penny and now they want a key."
    
A spokes person for the NJDOT issued this statement, "It is sometimes necessary for the New Jersey Department of Transportation to acquire private property for major transportation improvements. When it becomes necessary to acquire a property for transportation purpose or for any other public use, various activities are undertaken to ensure that the property owner's rights are preserved in recognition of the enormous impact of the use of Eminent Domain. NJDOT has operated according to the procedures set forth by state law in acquiring properties deemed necessary for this $251 million Route 52 Causeway replacement contract."

    The owners of the Pearl Restaurant in New Jersey claim they have not received the estimate of just compensation prior to dispossession.
    This is surprising, to say the least.  Many states and provisions of the Uniform Relocation Act provide that the payment, of at least the estimate, should be made prior to the loss of the premises.  Something is indeed strange in this situation.

Full post as published by National Eminent Domain Blog on January 14, 2010 (boomark / email).