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George J. Kroculick
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

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

Princeton Address
Duane Morris LLP
P.O. Box 5203
Princeton, NJ 08543-5203
Phone: 609.631.2468
Fax: 609.631.2401

George J. 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. Mr. Kroculick 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 board of directors of the Building Industry Association of Philadelphia, and also is a member of the IRWA and 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

• Re-wrote the township's entire 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.
• Represented major oil company in an eminent domain action. DOT condemned a small piece of the client's service station property and closed two separate access points on its corner location. Successfully argued to DOT that the loss of access would have required customers to essentially pass the pumps on a state highway and make a U-turn into the site and circle back to the pumps—showing DOT how this was unsafe and how the public understood it to be unsafe. Result was the reopening of the access points and compensation by DOT for land taken.
• 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.

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
• International Right of Way Association (IRWA)

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

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
• Building Industry Association of Philadelphia
  - Board of Directors
• Family "Y" of Burlington County, New Jersey
  - President of the Board of Trustees, 1992-1996

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business, 2008 and 2009 editions

Selected Publications

• Co-author, "Four New Jersey Bills Seek to Change How Government Condemns Real Estate, as U.S. Debate on Eminent Domain Continues," Duane Morris Alert, January 27, 2010
• "To Build or Not to Build: The Myriad Issues Facing Developers with Approved Development Sites in Today's Market," Shopping Center Legal Update, Fall/Winter 2009
• Co-author, "In New Jersey, a Property Owner May Recover Consequential Business Losses for a Temporary Taking," Duane Morris Alert, August 28, 2009
• Co-author, "What's in Your Condemnation Clause?" Shopping Center Legal Update, Summer 2009
• Co-author, "New Jersey Adopts Law Permitting Conversion of Age-Restricted Housing Units to Non-Age-Restricted Housing Units and Modifies Laws Concerning Affordable Housing," Duane Morris Alert, July 8, 2009
• Co-author, "Delaware Governor Vetoes Bill Restricting Use of Eminent Domain," Duane Morris Alert, July 2, 2008
• "Missouri Supreme Court Grants Shopping Center Owner Right to Sue City for Damages Caused by Threat of Condemnation, But...," Duane Morris Alert, June 13, 2008
• Co-author, "Florida Appellate Court Upholds Ruling that Budget Change Does Not Allow a Buyer to Cancel Contract," Duane Morris Alert, June 12, 2008
• Co-author, "California Voters Pass Eminent Domain Reform: Impact Limited," Duane Morris Alert, June 5, 2008
• Co-author, "California to Vote Again on Eminent Domain Restrictions," Duane Morris Alert, March 28, 2008
• "N.J. Appeals Court Provides Property Owners Second Bite at the Apple to Challenge Condemnations for Redevelopment Purposes," Duane Morris Alert, March 6, 2008
• Co-author, "The Importance of Condemnation and Access Clauses in Commercial Leases," Retail Law Strategist, November 2007
• "Nevada Joins National Trend in Responding to Kelo Decision on Eminent Domain," Duane Morris Alert, June 28, 2007
• "New Jersey Supreme Court Limits Application of Blight Designation in Ongoing National Debate over Eminent Domain," Duane Morris Alert, June 22, 2007
• "New York Restricts Use of Eminent Domain by Utilities, Part of National Trend," Duane Morris Alert, October 18, 2006
• "Illinois Latest State to Respond to Kelo Decision," Duane Morris Alert, September 5, 2006
• "Eminent Domain: Know and Assert Your Power," Franchise Times, September 2006
• "California Part of National Backlash Against Supreme Court's Eminent Domain Decision," Duane Morris Alert, May 25, 2006
• "Georgia Enacts Restrictions to Eminent Domain, Part of a National Trend," Duane Morris Alert, May 15, 2006
• "New Jersey Assembly Holds Hearings on Eminent Domain, Part of a National Debate," Duane Morris Alert, April 17, 2006
• "What Kelo Does Not (Necessarily) Change," Retail Law Strategist, February 2006

Selected Speaking Engagements

• 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