George J. Kroculick
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Duane Morris LLP
1940 Route 70 East, Suite 200
Cherry Hill, NJ 08003
USA

Phone: +1 215 979 1386
Fax: +1 215 689 2910
Email: GJKroculick@duanemorris.com

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George J. Kroculick

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George J. Kroculick is co-chair of Duane Morris' Real Estate Practice Group. Mr. Kroculick practices in the area of real estate law with a focus on eminent domain, including just compensation, right to take, relocation assistance and highway access management, as well as land use and land use litigation, and real estate tax relief matters. He has represented clients before local and county land use boards and has worked on lease litigation matters as well as title disputes.

Mr. Kroculick represents private property owners whose property has been claimed for transportation right of way and other public projects. He has represented private sector clients in condemnations of environmentally sensitive properties as well. Mr. Kroculick is listed in Chambers USA: America's Leading Lawyers for Business for real estate law and has written and lectured frequently on issues regarding condemnation law, including relocation expenses, demonstrative evidence, severance damages and the public use doctrine.

Admitted to practice in Pennsylvania and New Jersey, Mr. Kroculick is a member of the American, New Jersey and Pennsylvania bar associations. He is also a member of the editorial board of the International Council of Shopping Centers' publication, Shopping Center Legal Update, a member of the editorial board of the International Council of Shopping Centers' publication, Retail Law Strategist, and an affiliate member of the Appraisal Institute. He is a member of the Urban Land Institute. Mr. Kroculick is a graduate of Villanova University School of Law and a cum laude graduate of Villanova University.

Representative Matters

  • Reduced an Atlantic City casino's taxable assessed value by more than two-thirds – from $543 million down to $165 million – and obtained a $19.5 million tax credit for the casino. The multimillion-dollar tax credit was a combination of cash payments and future credits. The settlement was approved by City Council after property tax appeals and related litigation were filed starting in 2006 in the Tax Court of New Jersey.
  • Represented a commercial real estate development and management company in an appeal of a property tax assessment on a New Jersey shopping center. Successful in having the property tax assessment reduced by more than $9.8 million, resulting in tax savings of more than $1 million in the first three years for the client, including an immediate refund of over $529,000 – with the potential for savings of over $300,000 per year in property taxes in the future.
  • Re-wrote the township's zoning ordinance, then obtained all township, county, state and federal government approvals for an approximately $50,000,000 project on 53 acres, which will consist of a 32,000 sq. ft. office building, a 32,000 sq. ft. medical center, a 14,000 sq. ft. pharmacy and a 171-unit affordable-housing apartment complex that will cater mostly to seniors. Helped to properly structure the affordable housing component of the development and assisted the client in obtaining $17.5 million in tax credit financing for the project, and $6,500,000 in federal stimulus funds. Assisted in organizing the appropriate non-profit entities for the ownership and development of the project.
  • Represented property owner in a dispute with Bank of America over the interest rate earned on condemnation proceedings. The N.J. Supreme Court upheld the Appellate Division's decision in City of Englewood v. Exxon Mobil Corporation, et al., 406 N.J. Super. 110 (App. Div. 2009), denying certification to appellant Bank of America (and solidifying a victory for firm client RD Management d/b/a FBB Englewood, LLC).
  • In a property tax appeal filed on behalf of a shopping center owner in Allegheny County, Pa., obtained a 45-percent reduction of assessment after a major tenant declared bankruptcy. As a result of the reduction obtained after a board hearing, annual property taxes decreased more than $152,500.
  • Successfully represented major oil company in a partial condemnation of an oil terminal facility. Initially, the condemnor sought to take a 4.5-million gallon storage tank but only after building a temporary roadway system around the site. The original offer was $1,150,000 for the taking. Mr. Kroculick worked with the engineers and real estate professionals of the client and the condemnor to provide a resolution that saved time and money for both parties. Rather than building the temporary road system, the client would rebuild on its own property new tanks, related improvements, as well as new internal roadways and related infrastructure—all prior to the demolition of its original improvements. The condemnor did not have to expend millions of dollars on a merely temporary roadway and the client received new improvements on its own property that allowed it to continue business functions during re-construction. Mr. Kroculick's client eventually received compensation in excess of $6,000,000.
  • Represented two major oil companies in the valuation phase of an eminent domain action. Demonstrating the deficiencies in the city's appraisal regarding valuation methodologies with regard to improvements and relocation expenses, Mr. Kroculick helped our clients settle the matter from an initial $3,000,000 offer to a final settlement of $7,150,000.
  • Successfully represented a major oil company in an eminent domain action. The client lost a relatively narrow strip of land used for a service station along a state highway, leaving the canopy and pumps close to the road. Mr. Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" damages during the time required to tear down and rebuild the property. End compensation went from an initial offer of $18,000 to a settlement of more than $500,000.

Admissions

  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania

Education

  • Villanova University School of Law, J.D., 1983
  • Villanova University, B.A., cum laude, 1980

Experience

  • Duane Morris LLP
    - Partner, 2005-present
  • Ballard Spahr Andrews & Ingersoll LLP
    - Partner, 2001-2005

Professional Activities

  • American Bar Association
    - Committee on Condemnation, Zoning and Land Use Litigation
  • New Jersey Bar Association
    - Land Use Law Section
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
    - Real Property Section
  • Appraisal Institute
    - Affiliate member
  • Urban Land Institute
    - Programming Director, Philadelphia Capital Markets Council

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2008-2013 editions

Board Memberships

  • Board Member and Case Brief Editor for International Council of Shopping Centers' most widely read publication, The Retail Law Strategist
  • Editorial Board, Shopping Center Legal Update, publication of The International Council of Shopping Centers
  • Council Member, Greater Philadelphia Chamber of Commerce's 3rd Century Initiative ("3ci").

Selected Publications

Selected Speaking Engagements

  • Speaker, "Outdoor Adverting Legal Settlements," Outdoor Advertising Association of America, Webinar, June 19, 2013
  • Speaker, "Standing in Litigation," Outdoor Advertising Association of America Legal Seminar, Washington, D.C., November 16, 2012
  • Discussion Leader, "Condemnation Clauses: What to Negotiate—Avoidance of Pitfalls," International Council of Shopping Centers' 2012 U.S. Shopping Center Law Conference, Orlando, Florida, October 25, 2012
  • Discussion Leader, "Condemnation Clauses: What to Negotiate—Avoidance of Pitfalls," International Council of Shopping Centers' 2011 U.S. Shopping Center Law Conference, Phoenix, Arizona, October 26, 2011
  • Featured in "Blackstone to buy almost 600 shopping centers," report on Marketplace, American Public Media Radio, February 28, 2011
  • Discussion Leader, "Condemnation Clauses: When to Negotiate—Including Loss of Access Due to Condemnation and Impact on Lease," International Council of Shopping Centers' 2010 U.S. Shopping Center Law Conference, Hollywood, Florida, November 6, 2010
  • ICSC U.S. Shopping Center Law Conference: Eminent Domain and Its Drivers, Catalysts and Generators, Phoenix, Arizona, October 21, 2009
  • Speaker, "Presenting Your Case," CLE International's 4th Annual Eminent Domain Seminar, Newark, New Jersey, April 17, 2009
  • Speaker, "Eminent Domain and Condemnation" Pennsylvania Land Title Association, Stewart Title Seminar, Philadelphia, November 6, 13 and 21, 2008
  • Speaker, "Severance Damages and the Cost to Cure," Lorman Education Services' Eminent Domain in New Jersey, Cherry Hill, New Jersey, March 30, 2006
  • Speaker, "Severance Damages," Lorman Education Services' Eminent Domain in Pennsylvania, Lancaster, Pennsylvania, March 29, 2006
  • Speaker, "What's Fair About Fair Market Value?" Lorman Education Services' Eminent Domain in New Jersey, New Brunswick, New Jersey, March 28, 2006
  • Speaker, "Severance Damages," CLE International's Eminent Domain Seminar, Princeton, New Jersey, October 7-8, 2005
  • Speaker, "Just Compensation, The Cost to Cure as an Element of Damages," CLE International's Eminent Domain SuperConference, Tampa, Florida, October 7-8, 2004
  • Moderator, "Appraisers' Roundtable," Ballard Spahr, Princeton, New Jersey, May 19, 2004
  • Moderator, "Appraisers' Roundtable," Ballard Spahr, Voorhees, New Jersey, March 10, 2004
  • Speaker, "Tenant Claims," CLE International's Eminent Domain Seminar, Philadelphia, Pennsylvania, November 21-22, 2002