NJDOT Trespass

[augustawin]

What is the name of your state (only U.S. law)? NJ

The NJ DOT just admittedly encroached on my residential property, clearing several trees, shrubs, etc...without my knowledge or consent. They admitted a mistake had been made, and the contractors were not aware they were on my property.They were quick to respond that they will grade back to the way it was, including trees. What is my recourse against the NJDOT for tresspassing on my property? I want more than a few trees planted

 

[FlyingRon]

Other than having the correct the damage done, you have apparently nothing to claim? Civil trespass recovery is limited to the damages done during the trespass and possibly any monetary gain that the trespasser got from the use of your property.

 

[NC Aggie]

What is the name of your state (only U.S. law)? NJ

The NJ DOT just admittedly encroached on my residential property, clearing several trees, shrubs, etc...without my knowledge or consent. They admitted a mistake had been made, and the contractors were not aware they were on my property.They were quick to respond that they will grade back to the way it was, including trees. What is my recourse against the NJDOT for tresspassing on my property? I want more than a few trees planted

What more are you looking for? You could always ask for more, but if the matter was exculated to the court, I don't forsee any court awarding you damages beyond what you loss. If you're looking for monetary compensation for the trespassing, then I doubt you would get that since their actions were not egregious. It sounds to me like they're being reasonable in fixing their wrong.

 

[augustawin]

Wouldn't they normally have to file for an easement which would include a financial offer to use the property?

 

[TinkerBelleLuvr]

They would ask for an easement if they NEEDED to use your land. If they accidentally cleared more than they should, their offer to restore your land is fair.

 

[FlyingRon]

Wouldn't they normally have to file for an easement which would include a financial offer to use the property?

If it was other than a mistake, they would need an easement/right of way. Of course, with the government you may not be entitled to *ANY* compensation for the easement.

 

[augustawin]

A mistake or intentional oversight?

Everyone I have spoken to is trying to minimize their actions by saying we didn't know, etc... and it was only 1 tree and some bushes.

However, the property is clearly marked and it is an area approx. 20' x 30' that they cleared that included 2-3 large trees, a number of smaller trees,a nd a large amount of overgrowth that blocked the view of a neighboring strip mall and provided a noise buffer.

The fact that I came home one day to the area cleared and machinery on my property has got to be more than a mistake or oversight?

 

[Isis1]

A mistake or intentional oversight?

Everyone I have spoken to is trying to minimize their actions by saying we didn't know, etc... and it was only 1 tree and some bushes.

However, the property is clearly marked and it is an area approx. 20' x 30' that they cleared that included 2-3 large trees, a number of smaller trees,a nd a large amount of overgrowth that blocked the view of a neighboring strip mall and provided a noise buffer.

The fact that I came home one day to the area cleared and machinery on my property has got to be more than a mistake or oversight?

You did not hit the cash cow.

 

[augustawin]

Beleive me, I'm not looking for a cash cow.

The dozen or so neighboring properties were all offered a financial settlement through an easement. Should I not be offered the same?

 

[NC Aggie]

Beleive me, I'm not looking for a cash cow.

The dozen or so neighboring properties were all offered a financial settlement through an easement. Should I not be offered the same?

Not unless 1) They needed an easement for continued or future use 2) Both parties agreed to record some type of easement.

But curious to know what purpose an easement would serve? And as far as whether this was a mistake or intentional oversight, based on what you've shared, I would assume this was a mistake. As someone who works for a local government entity, I found it hard believe that they would intentionally encroach onto your property to cut down trees and bushes on your property.

 

[rowz]

As a NJ resident who has had a simlar issue with the NJDOT & another govermental authority, I believe that this situuation is just stupidity and sloppy/no oversight by the supervisors in charge and/or the ones who drew tthee plans for the project.

With that said, it took me 9 months to resolve one issue and 6 moths the other. I hope my isight will be of use to you.

Start by calling the DOT and get the name and or project # of this work along with the name of the engineer in charge and the person in charge of over seeing that depratment at the DOT.

At tthat point: STOP ALL VERBAL COMMUNICATION WITH THE DOT.

All further communications need to be IN WRITING AND SENT VIA CERTIFIED MAIL WITH A RETURN RECEIPT. this is critical. In the initial letter, include a drop dead time frame for a reply, such as 2 weeks. [they will likely not be able to do so. DO NOT THREATEN COURT.

While you are waiting for the mails, you need to esttablish the extent of your damages. If you have fotos of the area involved prior to the destruction get them together and made large by a foto studio.

Get several estimates from landscapers in the area. Include the name of plus the approx. age, & size of the lost vegeatattion. Get high end ones and a couple of mid range ones.

It will cost you some $. These fees are recoverable in your suit.

If under 3000.00 file in small claims court. If over 3, but under 15,000.00 then file in Special Civil [Superior] Court.


You willl need to know a dollar figure for your loss...not to be in a better position,but to be in the same way that they foundyou before the event. Do this about 2 weeks from the sending of the first letter...it will take many weeks to get a court date.

If the DOT calls you listen politely, but close all conversations with a request for their reply in writing....DO NOT ....EVER rely on anything verbal from them.

Keep a log of all communications, written and verbal.

Do not trust their workers or contractors, they will do crappy work. The State employess & their bosses will be resentful, and the outside contractors are the lowest bidder. Never trust any of their repair people to do the right job unsupervised.

This is a big PITA that you will not get any compensation for the ttime and effort that you have t0 put in to get the repairs done right.

Stay on top of them and be prepared to settle the situation out of court. Make sure to get the settlement offer in writing with time deadlines for payment/and or completion of the job.

Don'y ask me how I know about this. ;-/

Perseverance will win the day.

They will BS you if they can. Calm and cool insistence will win the day for youl

Good luck.

 

[LeeHarveyBlotto]

You are entitled to be made whole (property restored to it's prior condition). You are entitled to nothing more. It's really that simple.