NJDOT Design Summit
Access Impacts
&
ROW Impacts
The Conundrum Explained
Richard Dube,
Executive Manager, Bureau of Major Access Permits
Right of Way
Access
Title 27 Highways
(N.J.S.A. 27:7-22 et seq)
State Highway Access Management Act
(N.J.S.A. 27:7-89 et seq)
Eminent Domain Act of 1971
(N.J.S.A. 20:3-1 et seq)
NJ State Highway Access Management
Code (N.J.A.C. 16:47)
Eminent Domain
Police Powers
Fair Market Value
Reasonable Access to the General
System of Streets and Highways
Highest and Best Use
Reasonable Alternative Access
Non Real Estate (NRE) Reports
Access Impact Assistance (AIA) Reports
Negotiated Agreements of Sale
(acquisitions in fee or easements)
Lot Owners Consent (no compensation
for driveway changes)
All Necessary Assistance
Condemnation (Judicial Process) or
Settlement Agreement
Administrative Appeals either with
NJDOT or Office of Administrative Law
(OAL)
Fair Compensation – Attempts to
Make Whole
Provide reasonable access but not
necessarily equal access