Daab v. Hudson County Park Comm'n
| Decision Date | 09 November 1908 |
| Citation | 71 A. 51,77 N.J.L. 36 |
| Parties | DAAB v. HUDSON COUNTY PARK COMMISSION. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Action by Philip Daab against the Hudson County Park Commission. Demurrer to the declaration sustained.
Argued June term, 1908, before GARRISON, SWAYZE, and PARKER, JJ.
Leon Abbett, for plaintiff.
Frank H. Hall, for defendant.
The declaration avers that the defendant took proceedings to condemn lands; that the commissioners' report fixed the value of the land at $132,800, and of the buildings, fences, and improvements thereon, $3,000, making in all $135,800, which the commissioners reported to be the total value in a gross sum of all the interests, estate, and shares in said land and property, whether in possession, remainder, or expectancy, and the total damages to be paid by the petitioner, the present defendant; that the plaintiff was the occupant, and was in possession of the land under a valid and subsisting lease, and was the owner of the buildings, fences, and improvements; that the value of his estate in the land and property was $25,000.
The action is sought to be sustained under section 7 of the act to regulate the ascertainment and payment of compensation for property condemned or taken for public use. Act March 29, 1900 (P. L. p. 82). The section enacts that the report, together with the petition and orders, or a certified copy thereof, shall be plenary evidence of the right of the owner to recover the amount awarded, with interest and costs, in an action upon contract in any court of competent jurisdiction, in a suit instituted against the petitioner, after neglect to pay the same for 20 days after the filing of the report, and shall, from the time of filing the report, be enforceable as a lien upon the property taken, and any improvements thereon.
If the present action can be maintained, the defendant may be subjected to one or more other actions by the owner of the reversion or by persons claiming other estates in the land. The act provides no machinery by which the amount awarded can be apportioned among the several parties in interest. Section 6 requires the commissioners to view the land or other property, and to make a just and equitable appraisement of the value of the same and an assessment of the amount to be paid by the petitioner for such land or other property and damages. This evidently contemplates an award in a gross sum for the value of all the estates in the land, such as...
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