Newark Address
Duane Morris LLP
744 Broad Street, Suite 1200
Newark, NJ 07102-3889
Phone: 973.424.2000
Fax: 973.424.2001

Princeton Address
Duane Morris LLP
P.O. Box 5203
Princeton, NJ 08543-5203
Phone: 609.631.2467
Fax: 609.631.2401

Drew K. Kapur practices in the area of real estate law known as land value litigation. The primary focus of his practice is on the areas of eminent domain and condemnation, relocation assistance, and highway access management and control. Mr. Kapur represents private property owners whose property has been taken for transportation right of way and urban redevelopment projects, as well as representing private and public sector clients in condemnations involving environmentally sensitive properties. Mr. Kapur also represents property owners in ad valorem tax appeals.

Prior to entering private practice, Mr. Kapur was Deputy Attorney General, Department of Law and Public Safety, for the State of New Jersey, in which capacity he represented the state on several significant condemnation cases. He also advised the New Jersey Department of Transportation on state highway access issues.

Mr. Kapur has served as Special Condemnation Counsel for the Borough of Pompton Lakes, New Jersey, for acquisition of open space, and the Camden, New Jersey, Redevelopment Agency in connection with court-mandated educational infrastructure improvements.

Admitted to practice in Pennsylvania, New Jersey and South Carolina, Mr. Kapur is a member of the American, New Jersey and Camden County bar associations as well as the International Right of Way Association, and is an affiliate member of the Appraisal Institute. He is listed in Chambers USA: America's Leading Lawyers for Business, 2007 edition. Mr. Kapur is a 1981 graduate of Loyola University School of Law and a graduate, with honors, of North Carolina State University.

Representative Matters

Mr. Kapur currently represents a gasoline retailer in connection with a partial taking condemnation by NJDOT in Berlin Township. NJDOT has since constructed a reverse loop ramp on the property taken that encircles existing gas station, and raised the grade of the adjacent highway approximately six feet. Prior to the taking, NJDOT negotiated with the property owner based on an appraisal of approximately $1.5 million for the taking. When the gasoline retailer rejected the State's offer and NJDOT was forced to institute condemnation proceedings, it had the property appraised by a second appraiser for only $650,000, which it offered to the property owner. Mr. Kapur moved to exclude the second appraisal, which motion was granted. As a result, the State has gone back to its original appraiser, who has prepared an appraisal concluding just compensation as of the date of taking is $1,779,000.
Mr. Kapur represented the world's largest retailer when Rowan University condemned a fully approved site in connection with a University expansion project in Harrison Township. Rowan initially offered the retailer $2.85 million for the site based on an appraisal that predated the institution of the action, which occurred at a time when real estate values in the area were booming. Rowan argued that the earlier date of value was appropriate since it had taken actions which affected the "use and enjoyment" of the property. Mr. Kapur moved for a later date of value, i.e., the date of the filing of the condemnation complaint, which motion was granted. The later valuation date resulted in Rowan's reappraisal of the property for $5,550,000.
Mr. Kapur tried a condemnation action instituted by the NJDOT against a local Italian restaurant and pizzeria in Berlin Borough. NJDOT presented testimony the value of the part taken was $274,000. Mr. Kapur argued that the State's appraiser did not consider all damages to the property. Specifically, as a result of the taking the highest and best use changed from an intense commercial use, such a free standing pharmacy, before the taking to a less intense commercial use after. A jury returned a verdict for the property owner in the amount of $772,000.
Mr. Kapur represented the Camden Redevelopment Agency in the acquisition of an 11-acre site improved with a garden apartment complex containing eighteen multifamily buildings adjacent to a Superfund site in the City. Prior to the construction of the apartment complex, the subject property and the Superfund site were one property. CRA's appraiser estimated the value of the subject property unaffected by environmental concerns was $7.7 million. However, CRA's environmental consultant estimated it will cost $7.5 million to remediate contamination on the property. CRA instituted condemnation proceedings to acquire title to the property and terminate the leasehold interests of approximately 220 tenants. Mr. Kapur then negotiated a settlement fixing just compensation for the property "as if remediated" in the amount of $8,150,000 but requiring the estimated remediation costs remain in an escrow account until remediation is complete and actual costs are known. Mr. Kapur is currently defending CRA in a separate lawsuit instituted by the owners of the apartment complex and the adjacent property, which challenges the scope of remediation required by the NJDEP.
Mr. Kapur represented the owner of an Ocean City, NJ retail property that was taken by NJDOT in connection with the Ninth Street bridge. NJDOT had offered the property owner $725,000 for his entire property, of which it stated $180,000 would have to be held in escrow to fund groundwater remediation by the State's contractor. On the eve of trial, Mr. Kapur negotiated a settlement of $1,055,000. In addition, Mr. Kapur obtained the release of all escrow funds after remediation was completed by a contractor paid for by the property owner for only $80,000, and a "no further action" letter was obtained from NJDEP
Mr. Kapur currently represents the Diocese of Camden in connection with an NJDOT taking of approximately 6 acres of prime burial ground at New St. Mary's Cemetery in the Borough of Bellmawr. The property to be acquired has been identified as the site for a much needed cemetery expansion. The proposed alignment of the highway comes within 10 feet of existing mausoleum. The highway, which is currently below the grade condition of the cemetery, will be reconstructed approximately 25 feet about the cemetery.
Mr. Kapur represented the owner of a 65,000 square foot warehouse in Perth Amboy that was condemned by the Perth Amboy Redevelopment Agency. PARA initially offered the property owner what it had paid for the property two years prior, $1.5 million. PARA also required the property owner to agree to pay to actual costs of remediating asbestos, soil, and groundwater contamination (estimated by the redeveloper to be $467,000), and the property owner relocate its textile wholesaling business at its own expense. On the eve of trial, Mr. Kapur negotiated a settlement of just compensation for the property of $2,115,000 "as if remediated," and PARA agreed the redeveloper would perform all environmental remediation of the property at its own expense and the property owner have no further liability therefor. PARA also agreed to pay the property owner an additional $135,000 as relocation expenses.
Mr. Kapur successfully represented the owner a small motel in Cinnaminson Township that was needed for a local redevelopment project. The Township offered the property owner $1.3 million for the property, which it rejected. Mr. Kapur negotiated a purchase of the property for $2.0 million before a condemnation action was instituted.

Professional Activities

American Bar Association
New Jersey State Bar Association
Camden County Bar Association
International Right of Way Association (IRWA)
Appraisal Institute
- Affiliate Member

Admissions

New Jersey
Pennsylvania
South Carolina

Education

Loyola University New Orleans School of Law, J.D., 1981
North Carolina State University, B.A., with honors, 1978