181 Inc. v. Salem County Planning Board

133 N.J. Super. 350, 336 A.2d 501 (1975)

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181 Inc. v. Salem County Planning Board

New Jersey Superior Court, Law Division
133 N.J. Super. 350, 336 A.2d 501 (1975)

  • Written by Tanya Munson, JD

Facts

181 Inc. (181) (plaintiff) owned a tract of land in Salem County (the county) that abutted Elm Street. In 1971, 181 applied to the Salem County Planning Board (the board) for site-plan approval. The site-plan review committee recommended that the application be approved if, among other things, 181 allowed a dedication of its border on Elm Street to be used to widen the street. The county’s site-plan review resolution (the resolution) required that the planning board condition the approval of a site plan on the requirement that an additional right of way is dedicated. 181 objected to mandatory right-of-way dedication as a condition precedent to approval of a site plan.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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Casebooks

Land Use

Key Terms

  • TakingUnder constitutional law, the government’s actual or effective appropriation of a person’s private property, including by substantially interfering with such person’s use and possession of the property. Under environmental law, taking refers to the act of killing, capturing, or otherwise subjecting a wild animal to human control.
  • Condition PrecedentIn the contracts context, an event that must occur before a party's promised performance is due. The party may avoid performance if the condition has not occurred and the nonoccurrence is not excused. In the conveyances context, an event specified in a conveyance that must occur before title or other rights to the property actually transfer and vest in the recipient. Until the event occurs, the conveyance remains contingent. A common example of a condition precedent in the conveyance context is a provision in a will that says someone will inherit only if that person reaches a certain age.
  • ImminentWhen an event will occur without a significant delay but not necessarily immediately.
  • Right-of-WayThe legal right to travel across property, typically granted by easement, or an area of land dedicated to use and improvement for travel.

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