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 served for more than 16 years as 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 local and county governments in New Jersey, and the Commonwealth of Pennsylvania in connection with the Pennsylvania Convention Center expansion project.
Admitted to practice in Pennsylvania, New Jersey, South Carolina, and the District of Columbia, 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 a 1981 graduate of Loyola University School of Law and a graduate, with honors, of North Carolina State University.
- Mr. Kapur represented a property owner in a condemnation action instituted by the Pennsylvania Turnpike Commission in connection with a highway project to create an interchange at the intersection of the Pennsylvania Turnpike and Interstate 95 in Bucks County. The client obtained the right to buy a former radar-guided missile defense battery from the General Services Administration at a public auction in 1987. The closing was delayed, however, by pre-existing environmental conditions at the property. The federal government initiated a cleanup of the property at its own expense, but it was not until 2006 that the closing took place. Two months later the Turnpike notified the client it needed to acquire the property with an offer in the amount of $260,000. Negotiations were unsuccessful and the PTC condemned the property. The matter was tried before a 12-member jury, which returned a verdict in the amount of $1,500,000.
- Mr. Kapur represented a property owner in connection with a condemnation instituted by a local redevelopment agency in Camden County, NJ. The redevelopment agency offered the property owner $110,000 for the property, which it rejected. Mr. Kapur settled the case for $550,000.
- Mr. Kapur represented a landmark diner in Burlington County, NJ in a condemnation matter instituted by the New Jersey Department of Transportation in connection with a highway project to eliminate a traffic circle and create a grade separated intersection. As a result all access to the diner from adjacent state highways was to be eliminated. The State's offer of $117,000 was rejected by the property owner. The matters was tried before an eight-member jury which returned a verdict in the amount of $995,000.
- Mr. Kapur represented a single purpose LLC in the sale of a contaminated 30-acre former General Dynamics site in Essex County, NJ to Atlantic Realty Development Corp., which will build a 500-unit, mixed use transit village-style development and arts center called Avenel Arts Village.
- Mr. Kapur tried a condemnation action instituted by the New Jersey Department of Transportation against a gas station in Morris County, NJ. NJDOT determined certain roadway improvements were needed at the intersection of a state highway and a county road. These improvements necessitated the taking of the property owner's right of access to the state highway. As a result, fuel trucks no longer were able to make deliveries to the site. NJDOT offered the property owner $340,000 as just compensation. An eight-member jury returned a $1.1 million verdict for the property owner.
- Mr. Kapur represented the owner of a closed gas station property located on a state highway (Route 35) in Middlesex County, NJ. The New Jersey Department of Transportation took the property owner's right of direct access to Route 35, plus 9,601 square feet of land. The State originally offered the property owner $143,500 as just compensation for the taking and damages to the remainder, which was based upon the assumption the property would continue to have reasonable access after the Route 35 driveways were closed. Eventually, NJDOT agreed that reasonable alternative access could not, in fact, be provided to the site. Mr. Kapur settled the case at trial for $875,000.
- Mr. Kapur represented the Commonwealth of Pennsylvania in connection with the acquisition of three properties in Philadelphia needed for the $700,000,000 expansion of the Pennsylvania Convention Center. The properties were improved with office, retail and condominium buildings, as well as surface parking lots. The aggregate of the estimated just compensation for these properties was $50,000,000.
- Mr. Kapur represented a gasoline retailer in connection with a partial taking condemnation by the New Jersey Department of Transportation in Camden County, NJ. NJDOT 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. The State offered the property owner $650,000 as just compensation and severance damages. Mr. Kapur settled the case for $2,400,000.
- Mr. Kapur represented a property owner when Rowan University condemned a site fully approved for large-scale retail development in Gloucester County, NJ. Rowan initially offered the retailer $2.85 million for the site. The case was settled for $5,550,000.
- Mr. Kapur tried a condemnation action instituted by the NJDOT against a local Italian restaurant and pizzeria in Camden County, NJ. The State offered the property owner $274,000. An eight-member jury returned a verdict for the property owner in the amount of $772,000.
- Mr. Kapur represented the Camden (NJ) 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. The CRA's appraiser estimated the value of the subject property unaffected by environmental concerns was $7.7 million. However, The CRA's environmental consultant estimated it will cost $7.5 million to remediate contamination on the property. The 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 was completed and actual costs known.
- Mr. Kapur represented the owner of an Cape May County, NJ retail property that was taken by NJDOT in connection with bridge replacement project. NJDOT had offered the property owner $725,000 for his entire property. Mr. Kapur settled the case for $1,055,000.
- Mr. Kapur represented the owner of a 65,000 square foot warehouse in Middlesex County, NJ that was condemned by the Perth Amboy Redevelopment Agency. PARA initially offered the property owner $1,500,000. Mr. Kapur settled the case for $2,115,000 and PARA agreed to perform all environmental remediation of the property at its own expense and without future liability to the property owner.
- Mr. Kapur represented the owner a motel in Burlington County, NJ that was needed for a local redevelopment project. The redevelopment agency offered the property owner $1,300,000 for the property, Mr. Kapur settled the case for $2,000,000 before a condemnation action was instituted.
- New Jersey
- South Carolina
- District of Columbia
- Loyola University New Orleans School of Law, J.D., 1981
- North Carolina State University, B.A., with honors, 1978
- American Bar Association
- New Jersey State Bar Association
- Camden County Bar Association
- International Right of Way Association (IRWA)
- Appraisal Institute
- Affiliate Member
Honors and Awards
- Listed in Chambers USA: America's Leading Lawyers for Business, 2007-2012 editions
- Mr. Kapur was profiled in the "Women and Minorities in the Legal Profession" special report of The New Jersey Law Journal, August 2005
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
- Co-author, "New Jersey Property Owners Who Suffered Significant Damages as a Result of Hurricane Sandy May Be Entitled to Property Tax Relief," Duane Morris Alert, November 13, 2012
- Co-author, "N.J. Supreme Court Decides Level of Causation Required to Seek Damages Under the Spill Act," Duane Morris Alert, October 12, 2012; Republished in Expert Analysis sections of Environmental, Real Estate and Appellate Law360, October 16, 2012
- Interviewed for "Highway through Heaven: Road overhaul threatens mausoleum in Bellmawr," The Philadelphia Inquirer, March 1, 2011
- Author, "Noncompensatory Damages in a Tax Assessment Appeal," Condemnation Zoning & Land Use, ABA Section of Litigation's Committee on Condemnation, Zoning, & Land Use, 2009 Annual Review
- Co-author, "Delaware Governor Vetoes Bill Restricting Use of Eminent Domain," Duane Morris Alert, July 2, 2008
- Author, "Pennsylvania Supreme Court Finds Extremely Limited Access to Commercial Property Was De Facto Taking," Duane Morris Alert, June 16, 2008
- Co-author, "Jersey Courts Hold the Line Against Bad Faith Condemnation: Power to Take Cannot Be Used to Achieve Zoning," New Jersey Lawyer, October 2004
Selected Speaking Engagements
- "The Expert in Trial-Mock Testimony," Appraisal Institute Annual Meeting, Dallas, Texas, July 29, 2016
- "Complex Commercial Litigation: Taking Expert Valuation Skills to the Next Level," Appraisal Institute Annual Meeting, Indianapolis, Indiana, July 24, 2013
- Speaker, "Easement Valuations: Common Pitfalls and Principles," Lorman Teleconference, December 3, 2009
- "Writing the Report, Preparation for Trial, and The Expert Witness," Real Estate Valuation in Litigation class, Burlington County College, Mt. Laurel, New Jersey, May 1, 2006