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Michael J. Ash

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  • Attorney

Location:

Florham Park, NJ

Phone:

Fax:

973-377-5626

Email:

View the profile of New Jersey Eminent Domain Attorney Michael J. Ash

Michael J. Ash, CRE, joined Carlin & Ward in 2019.  

Mr. Ash's areas of practice include Litigation, Redevelopment Law, Real Estate, and Municipal Law specializing in real estate value litigation, specifically, Eminent Domain and Real Estate Tax appeals.  

Mr. Ash brings his 15 years of experience acquiring real estate for public projects to represent property owners in eminent domain acquisitions.  Mr. Ash has handled hundreds of condemnation cases for all manner of public purposes including road widenings, dune construction, rail projects, pipelines and redevelopment assemblage.  Mr. Ash has settled and tried cases involving the taking of easements, partial taking, severance damages and full acquisitions.  Mr. Ash collaborates with experts in various disciplines including real estate appraisers, engineers, planners and environmental consultants as each case presents unique issues.

Mr. Ash is certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney, handling all aspects of condemnation valuation jury trials, commissioner hearings and tax appeals in the Superior Court of New Jersey, Law Division, Appellate Court, Tax Court, Supreme Court and United States District Court for the District of New Jersey and Southern District of New York.

In 2018 Mr. Ash was awarded the CRE® designation by the Counselors of Real Estate®, an international group of real estate professionals recognized as leading advisors in complex real property matters with approximately 1,000 members worldwide, of which only about 50 are practicing attorneys.

Mr. Ash is a member of the Planning Board of the Town of Westfield, where he resides.

In 2020, Mr. Ash was appointed to the Board of Trustees for the New Jersey Festival Orchestra in Westfield, New Jersey.

 

Representative Matters:

•  Special Redevelopment Counsel and Condemnation Counsel for municipalities, redevelopment agencies, utility authorities and parking authorities for property assemblage in designated redevelopment areas throughout New Jersey

•  Successful challenge to condemnation redevelopment area on behalf of multiple property owners

•  Negotiated voluntary sale of industrial property to redeveloper for redevelopment assemblage in lieu of condemnation

•  Negotiated the settlement of a partial taking of a gas station and convenience store for a road widening project (settlement 3x original offer) plus relocation assistance

•  Award of compensation for partial taking of auto dealership 3x original offer and improved access

•  Condemnation Counsel for the State of New Jersey successfully acquiring approximately 120 easements for the Army Corps of Engineers storm hazard mitigation project in Bay Head, Longport and Ocean City, New Jersey

•  Represented real estate investment trust in real estate tax appeal trial resulting in a favorable decision and refund of overpayments 

•  Negotiated a favorable settlement in a real estate tax appeal of a data center in a case of first impression

•  Acquired approximately 100 easements as Condemnation Counsel for natural gas pipeline company replacing a natural gas pipeline from New Jersey to Connecticut 

• Trial Counsel for valuation of permanent and temporary easements for newly constructed natural gas pipeline in Northern New Jersey

• Trial Counsel on behalf of Atlantic City in defense of the real estate tax appeal by the Borgata Hotel and Casino

• Condemnation Counsel for interstate natural gas company acquiring 100 permanent and temporary easements by condemnation and negotiation for a 20 mile long interstate natural gas pipeline from Linden, New Jersey to New York City, New York

•  Special Condemnation Counsel for New Jersey Turnpike Authority acquiring over 100 properties by condemnation of approximately 400 total properties required for the New Jersey Turnpike Authority 6-9 Widening Program and the Parkway Exits 30-80 Widening Program

•  Acquired a property in Camden over opposition of property owners for the development of the Rutgers School of Nursing and Science

•  Acquired property for new public park and open space projects on behalf the County of Essex, County of Hudson and City of Lambertville 

•  Special Condemnation Counsel for NJ Transit Access to Region Core project 


 

Areas Of Practice

  • Eminent Domain

Bar Admissions

  • New Jersey, 2004
  • U.S. District Court District of New Jersey, 2004
  • New York, 2008
  • U.S. District Court Southern District of New York, 2015

Education

  • New England School of Law, Boston, Massachusetts
    • J.D. - 2004
  • Rutgers University
    • B.A. - 2001
    • Major: Political Science

Published Works

  • "Takings for Pipeline Projects Are Subject to Challenge by Property Owners to Ensure Public Benefits" , Westlaw Environmental Journal , Volume 37, Issue 24, 2017
  • "Laws, Regulations and Related Policy" a chapter in "A Guide to Parking", International Parking Institute, Spring, 2018
  • Featured Quarterly Columnist on issues related to Law and Real Estate for the "The Parking Professional", International Parking Institute

Representative Cases

  • Borough of Somerville v. Pathmark Stores, Inc., Superior Court of New Jersey, Appellate Division, June 24, 2008 (WL 2492252)
  • New Jersey Turnpike Authority v. Witt, Superior Court of New Jersey, Appellate Division. July 15, 2010 (WL 2795077)
  • County of Essex v. Rubin, Superior Court of New Jersey, Appellate Division. June 24, 2011 (WL 2496222)
  • Marina District Development Co., LLC v. City of Atlantic City, 27 N.J.Tax 469 (2013)
  • Texas Eastern Transmission, LLP v. 9.41845 Acres of Land, In the City of Jersey City, cv-12-3499-SRC-CLW (April 1, 2015)
  • New Jersey Transit Corporation v. Franco, 447 N.J.Super. 361 (2016)
  • New Jersey Turnpike Authority v. Milford Realty Associates, LLC Superior Court of New Jersey, Appellate Division, August 24, 2017 (WL 3623148)
  • City of Newark v. ORR Investments, Inc., Superior Court of New Jersey, Appellate Division, April 06, 2016 (WL 10580522)
  • County of Essex v. Rubin, Superior Court of New Jersey, Appellate Division, August 02, 2017 (WL 3271931)
  • M-C Properties Co. Rlty (Mack-Cali) v. Cranford Township, Tax Court (June 2, 2017)
  • State of New Jersey, by Department of Environmental Protection v. N. Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017)
  • Parking Authority of the City of Camden v. Estate of Milton Rubin, Appellate Division, February 11, 2020 (WL 635701)

Classes/Seminars

  • Instructor for New Jersey Redevelopment Authority’s “Redevelopment Training Institute”, Case Law Update – October 2013
  • Faculty for CLE International - Eminent Domain Update, Relocation Assistance – January 2014
  • Panel speaker at the Appraisal Institute NJ Metro Chapter Spring 2014 Princeton Conference
  • Panel Speaker for International Right of Way Association, Easement Valuation, December 2015
  • Panel Speaker at the Appraisal Institute NJ Metro Chapter Spring 2017 Princeton Conference
  • Co-presenter, Tree Valuation in Temporary Takings for International Right of Way Association, March 2018
  • Moderator and Panel Speaker - International Right-of-Way Association, Region 6, Spring Forum – Easement Acquisition, March 2019
  • Instructor for Local Government Officer Ethics Training, 2019 NJ league of Municipalities
  • Co-presenter, Hotel Valuation for Tax Appeals, NJ Assessor’s Association, 2019 NJ League of Municipalities

Honors and Awards

  • Recognized as “Rising Star” by New Jersey Super Lawyers 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019 in the field of Eminent Domain
  • - Recognized as Super Lawyer for 2020 in the field of Eminent Domain

Professional Associations and Memberships

  • Certified Civil Trial Attorney, New Jersey
  • Westfield Planning Board, Member
  • Counselors of Real Estate (https://www.cre.org/member/ash-michael-j)
  • New Jersey Festival Orchestra, Trustee
  • International Right of Way Association, New Jersey Chapter 15, Chapter Treasurer; Member, Executive Committee; Co-Chair, Planning Committee
  • New Jersey Parking Institute, General Counsel

Past Employment Positions

  • DeCotiis, FitzPatrick, Cole & Giblin, LLP, Partner

Pro Bono Activities

  • New Jersey Parking Institute, General Counsel
  • REX - Real Estate Executives, Jewish Federation, Member