The New Jersey Department of Environmental Protection (NJDEP) has administratively closed the PennEast Pipeline Company, LLC freshwater permit application.  Citing a failure of PennEast to address deficiencies in its application, and the unlikely prospect of PennEast having adequate information in the near future, the NJDEP rendered its decision via its June 28, 2018 determination. Without a New…

Development in the Highlands Preservation Area. How do Highlands development restrictions affect agricultural development?  Considerable farmland falls within the Highlands Region.  Primarily intended to protect drinking water, over 800,000 acres of New Jersey, known as the, “Highlands Region,” have been designated either Highlands Preservation Area or Highlands Planning Area.   This overlay of regulations allows…

Central New Jersey’s Agricultural Real Estate. In central New Jersey, we are blessed with the productivity and aesthetics of abundant agricultural lands.  Whether they are in commercial agricultural production, a community supported farm, the home of equine enthusiasts, or part of a farm-to-table household, these farms form our unique and holistic landscape.  They also come…

New Jersey Right to Farm Act Pursuant to New Jersey’s Right to Farm Act, “commercial farms” may engage in certain protected activities, free from interference by local zoning. While building permits are required, local zoning approvals are not required if approved by the State Agricultural Development Committee (SADC). With such conditioned approvals, certain zoning requirements…

Looking to purchase property with contaminated soil and groundwater?  Probably not, unless you are a brownfield’s redeveloper. Most purchasers of commercial property are counting on their property being “clean.”  Environmental due diligence occurs in two phases: 1) review the current and historic activities at the property to determine if there exist areas of concern; and…

Nicole L. Voigt attended the 2016 Convention of the Commercial Real Estate Women Network (CREW-Network) in New York City.  Speakers included keynote speaker Admiral William H. McRaven USN (Ret.);  Amy Cuddy, Author, Business Leader, and Professor at Harvard Business School; Sallie Krawcheck, CEO & Co-Founder of Ellevest; and Mary Ann Tighe, CEO, CBRE Inc., New York Tri-state…

Government records are often a valuable tool for obtaining information relevant to a buyer’s due diligence, litigation, consideration of land use applications, and similar legal issues. Keep in mind, however, that the information received is only as reliable as the accuracy and precision of the search and/or OPRA request. Open Public Records Act The New…

I am a resident of Delaware Township, Hunterdon County, New Jersey, and I oppose the PennEast Pipeline.  I oppose the application and additional submissions submitted by PennEast. The impacts of this pipeline, both short and long term, vastly outweigh any benefits.  The pipeline is mapped through preserved and conserved farmland, woodlands, and natural lands, funded…

When Can Commercial Tenants Appeal? N.J.S.A. 54:3-21 authorizes any aggrieved tax payer to file an appeal, subject to other jurisdictional requirements.   The Superior Court has confirmed that, if tenant’s lease term covers an entire tax year, and the tenant is require to pay the real estate taxes applicable to the premises, the tenant is generally…

CREW NJ, Commercial Real Estate Women of New Jersey, has approved attorney Nicole L. Voigt for active membership.  The CREW Network is a national organization dedicated to advancing the professional development of women in commercial real estate through educational meetings and seminars, and promoting opportunity for business growth through networking on a local, state, and…