National Association of Home Builders v. New Jersey Department of Environmental Protection

64 F. Supp. 2d 354 (1999)

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National Association of Home Builders v. New Jersey Department of Environmental Protection

United States District Court for the District of New Jersey
64 F. Supp. 2d 354 (1999)

  • Written by Sheryl McGrath, JD

Facts

The New Jersey legislature enacted a statute that required construction of a 17-mile public walkway on the Hudson River bank. The statute granted a conservation easement in the walkway land, along with a public-access easement. About 90 percent of the area designated for the walkway was river bottomland that had been filled in. A group of land developers known as the National Association of Home Builders (Home Builders) (plaintiffs) filed suit against the New Jersey Department of Environmental Protection (state) (defendant) in federal district court. In the suit, Home Builders challenged the walkway statute as an unconstitutional taking.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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