Rutter & Roy has a long history of handling eminent domain (condemnation) cases for private and governmental entities in federal and state court. Our attorneys take a collaborative approach by working closely with the client team and all consultants involved – including land agents, real estate appraisers, engineers and surveyors – to ensure a smooth acquisition process.
Maintaining construction schedules is paramount, and we work diligently to ensure that all of the rights needed for a project to get underway are obtained in a timely fashion. While we plan for condemnation, we also are heavily involved in obtaining the rights needed for projects through negotiation and settlement.
Rutter & Roy typically represents the condemning authority. However, given our vast experience in this area, we also can represent property owners faced with the prospect of eminent domain.
Real estate projects involve environmental approvals and risks. At Rutter & Roy, our team has the experience and judgment required to navigate through the complex maze of local, state and federal environmental regulations. We successfully manage environmental risk by first identifying the necessary permits and approvals, and we then guide clients through the regulatory processes so that each project can be built on time.
Planning is paramount in the early stages of a project. Our experience enables us to identify environmental issues by completing a jurisdictional determination in order to pinpoint what processes are triggered. Once that is accomplished, we can streamline these regulatory processes to save clients time and money. By creating comprehensive milestone schedules we keep clients and environmental consultants on track to ensure that necessary permits are issued on time.
Our environmental attorneys assist with obtaining permits required at federal, state and local levels. We also help with enforcement actions including Notices of Violations and Administrative Order and Notice of Civil Administrative Penalty Assessments. Additionally, we have extensive experience managing all phases of the environmental remediation process.
At Rutter & Roy, our attorneys do more than just go to court for our clients. One of the most important aspects of our practice is project planning, and our objectives are the same as our clients’: to successfully complete projects in a timely and cost efficient manner.
As project team members, our work begins even before the project gets underway. We assess proposed routes and potential sites for above-ground facilities to identify any obvious environmental constraints or regulatory processes that could be triggered. Our attorneys are adept at reviewing title and drawings to determine ownership interests, and handle matters such as easements or restrictions on the properties impacted by the project. We will also prepare land acquisition and permitting schedules, as well as timelines to ensure that all legal rights and approvals necessary for construction have been secured.
Rutter & Roy has extensive experience in project planning, including the identification of and management of risks. Examples of such projects include:
- Greenfield pipeline construction
- Installation of shore protection measures
- Construction of above-ground energy facilities
- Looping of existing utility infrastructure
Land Use & Zoning
Rutter & Roy assists clients with all aspects of development, from inception to completion. Our knowledgeable attorneys are well-versed in municipal, county and state-level zoning and land use regulations. This deep understanding allows us to deal with a range of issues involving subdivisions, zoning approvals, regulatory compliance, environmental permitting and other required project approvals. We also coordinate with appraisers, title experts, environmental consultants, engineers, brokers and other industry experts to help ensure the successful completion of a project.
At Rutter & Roy, our goal is to protect our clients’ interests – whether pursuing claims on their behalf or defending them against claims. We handle complex and common commercial litigation matters in both state and federal courts. Rutter & Roy represents clients in connection with the entire spectrum of issues related to commercial transactions including contract disputes, declaratory judgments, preliminary injunctions and mediation. Our knowledgeable attorneys help clients understand which legal options best address their specific issues, with the goal of obtaining a successful result in the courtroom or at the negotiating table.
Rutter & Roy advises clients on all aspects of government regulation involving:
- Solid waste
- Hazardous waste
- Medical waste generation
- Transport and disposal.
Clients rely on our knowledge and commitment to advise them on a wide range of government regulations, including facility siting and permitting, licensing of facilities, and licensing of haulers and brokers. Our attorneys are involved in obtaining government approvals, and defending entities and individuals when penalties are issued or licenses are denied, suspended or revoked.
New Jersey-Specific Issues
New Jersey is one of the most highly regulated states in the country. Companies conducting business in the state benefit from Rutter & Roy’s thorough understanding of regulatory requirements and our ability to navigate this complex environment.
Our firm has a long history of representing major utility clients building projects through New Jersey. We are involved in every aspect of a project from the outset to successful completion.
In New Jersey, our environmental attorneys deal with Land Use Regulation Program permits and the complex rules promulgated pursuant to the Freshwater Wetlands Protection Act, Flood Hazard Area Control Act and the Highlands Water Protection and Planning Act (citations omitted).
Statutory and regulatory compliance areas where we are knowledgeable include:
- State-owned Lands
- Green Acres
- Preserved Farms
- Conservation Restrictions
- State Historic Preservation Office
- Highlands Water Protection Act
- No Net Loss Reforestation Act
- Contaminated Properties
- Local Lands and Building Act
Commercial Real Estate
When it comes to commercial real estate, Rutter & Roy handles all property-related issues from start to finish. Our firm represents corporations, individuals, religious entities and non-profit organizations.
We are highly experienced in the due diligence process, including the review of appraisals, title reports, surveys and environmental reports. Our skilled attorneys conduct thorough reviews of relevant laws, permits and restrictions associated with a property. When applicable, we create feasibility studies and assist with site selection. We also negotiate and prepare documents such as contracts, leases, option agreements, purchase and sale agreements, letters of intent, easements and other related real estate documents.
Rutter & Roy ensures that clients are protected against future liability by making certain that the necessary and proper contract provisions concerning indemnification, insurance, disclosures, survivability clauses and escrows are in place for every transaction.
The attorneys at Rutter & Roy have experience handling appeals from trial court decisions as well as appeals of decisions of state and federal agencies. We make sure that the record is solid in the event an appeal is necessary or must be defended. We know the strict time constraints that must be adhered to in filing an appeal or defending against one. Our firm has experience handling appeals at the Office of Administrative Law, the New Jersey Superior Court Appellate Division and the U.S. Courts of Appeals for the Third Circuit.