New Jersey Superior Court Appellate Division February 3, 2000 (State v. Trap Rock Industries, Inc.)

FEINBERG, A.J.S.C.

The issue presented to the court is whether the Commissioner of Transportation is vested with the statutory authority to condemn private property for purposes of environmental mitigation. On May 7, 1999 plaintiff, the State of New Jersey, by the Commissioner of Transportation, filed a verified complaint against defendants, Trap Rock Industries, Inc., Ruberoid Co.