DeCotiis

Michael J. Ash, CRE

Michael J. Ash is a partner in the Teaneck office.

Michael J. Ash is a partner at DeCotiis.

Mr. Ash's areas of practice include Litigation, Redevelopment Law, Real Estate, and Municipal Law specializing in real estate value litigation, specifically, eminent domain and real estate tax appeals. 

The majority of Mr. Ash's practice focuses on infrastructure planning and implementation where his work includes the coordination of property assemblage for right of way corridors, utility projects and roadway improvements.  His work includes counseling to private and public entities with regard to due diligence and property valuation for the procurement of purchase and sale agreements, right of entry permits, temporary workspace licenses, and easements, for partial and full takings.  The coordination of property acquisition for linear projects requires Mr. Ash to collaborate with experts in various disciplines including real estate appraisers, engineers, planners and environmental consultants. 

The public projects require Mr. Ash to counsel clients in the use of eminent domain to acquire property and clear title. 

Mr. Ash is a trial attorney handling all aspects of condemnation valuation jury trials, commissioner hearings and tax appeals in the Superior Court of New Jersey, Law Division, Appellate Court, Tax Court, Supreme Court and United States District Court for the District of New Jersey and Southern District of New York.

In 2018 Mr. Ash was awarded the CRE® designation by the Counselors of Real Estate®, an international group of real estate professionals recognized as leading advisors in complex real property matters with approximately 1,000 members worldwide, of which only about 50 are practicing attorneys..

Representative Matters:

• Currently Condemnation Counsel for the State of New Jersey successfully acquiring approximately 120 easements for the Army Corps of Engineers storm hazard mitigation project in Bay Head, Longport and Ocean City, New Jersey

• Represented real estate investment trust in real estate tax appeal trial resulting in a favorable decision and refund of overpayments

• Negotiated a favorable settlement in a real estate tax appeal of a data center in a case of first impression

· Acquired approximately 100 easements as Condemnation Counsel for natural gas pipeline company replacing a natural gas pipeline from New Jersey to Connecticut

 
• Trial Counsel for valuation of permanent and temporary easements for newly constructed natural gas pipeline in Northern New Jersey

· Trial Counsel on behalf of Atlantic City in defense of the real estate tax appeal by the Borgata Hotel and Casino

• Acquired approximately 100 permanent and temporary easements by condemnation and negotiation for a 20 mile long interstate natural gas pipeline from Linden, New Jersey to New York City, New York

• Acquired over 100 properties by condemnation of approximately 400 total properties required for the New Jersey Turnpike Authority 6-9 Widening Program and the Parkway Exits 30-80 Widening Program

• Acquired a property in Camden over opposition of property owners for the development of the Rutgers School of Nursing and Science

• Acquired property for new public park and open space projects on behalf the County of Essex, County of Hudson and City of Lambertville

• Special Condemnation Counsel for NJ Transit Access to Region Core project

• Special Condemnation Counsel for a public utilities authority acquiring easements for a water main extension

• Special Condemnation Counsel for various municipalities acquiring property and easements for road widening and infrastructure improvements

• Special Condemnation Counsel for municipalities, redevelopment agencies, county improvement authorities and parking authorities for property assemblage in designated redevelopment areas throughout New Jersey

• Special Condemnation Counsel for developer in the acquisition and assemblage of industrial properties in industrial park for development of residential project

Bar Admissions:
New Jersey (2004)
United States District Court - District of New Jersey (2004)
New York (2008)
United States District Court - Southern District of New York (2015)

Education
Bachelor of Arts, Political Science and Philosophy, Rutgers University, 2001
Juris Doctor, New England School of Law, 2004

Organizations:

· Counselors of Real Estate

(https://www.cre.org/member/ash-michael-j/)

· International Right of Way Association, New Jersey Chapter 15

· Member, Executive Committee

· Co-Chair, Planning Committee

· New Jersey Parking Institute

· General Counsel

• Member, REX - Real Estate Executives, Jewish Federation

Professional Recognition:
Recognized as "Rising Star" by New Jersey Super Lawyers 2012, 2013, 2014, 2015, 2016, 2017 and 2018  in the field of Eminent Domain

Recent Speaking Engagements:

· Instructor for New Jersey Redevelopment Authority's "Redevelopment Training Institute", Case Law Update - October 2013

· Faculty for CLE International - Eminent Domain Update, Relocation Assistance - January 2014

· Panel Speaker at the Appraisal Institute NJ Metro Chapter Spring 2014 Princeton Conference

· Panel Speaker for International Right of Way Association, Easement Valuation, December 2015

· Panel Speaker at the Appraisal Institute NJ Metro Chapter Spring 2017 Princeton Conference

• Co-presenter, Tree Valuation in Temporary Takings for International Right of Way Association, March 2018

Publications

· "Takings for Pipeline Projects Are Subject to Challenge by Property Owners to Ensure Public Benefits" published in the Westlaw Environmental Journal , Volume 37, Issue 24, June 21, 2017;

· "Laws, Regulations and Related Policy" a chapter in "A Guide to Parking" published by the International Parking Institute, Spring 2018;

• Featured Quarterly Columnist on issues related to Law and Real Estate for the "The Parking Professional" published by the International Parking Institute;

Court Opinions:

Borough of Somerville v. Pathmark Stores, Inc.,
Superior Court of New Jersey, Appellate Division, June 24, 2008 (WL 2492252)

New Jersey Turnpike Authority v. Witt,
Superior Court of New Jersey, Appellate Division. July 15, 2010 (WL 2795077)

County of Essex v. Rubin,
Superior Court of New Jersey, Appellate Division. June 24, 2011 (WL 2496222)

Marina District Development Co., LLC v. City of Atlantic City, 27 N.J.Tax 469 (2013)

Texas Eastern Transmission, LLP v. 9.41845 Acres of Land, In the City of Jersey City, cv-12-3499-SRC-CLW (April 1, 2015)

New Jersey Transit Corporation v. Franco, 447 N.J.Super. 361 (2016)

New Jersey Turnpike Authority v. Milford Realty Associates, LLC
Superior Court of New Jersey, Appellate Division, August 24, 2017 (WL 3623148)

City of Newark v. ORR Investments, Inc.,
Superior Court of New Jersey, Appellate Division. April 06, 2016 (WL 10580522)

County of Essex v. Rubin,
Superior Court of New Jersey, Appellate Division, August 02, 2017 (WL 3271931)

M-C Properties Co. Rlty (Mack-Cali) v. Cranford Township, Tax Court (June 2, 2017)

State of New Jersey, by Department of Environmental Protection v. N. Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017)

 

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Contact
Michael J. Ash
Glenpointe Centre West
500 Frank W. Burr Boulevard, Ste.31

Teaneck, NJ 07666
Email:
Tel: (201) 347-2118 direct
Fax: (201) 928-0588 main
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