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The Law Journal presents its first of three 2004 real estate supplements with analysis of recent developments in real estate and municipal land use. Topics include: a discussion analysis of the new COAH regulations, a discussion of when a landlord may withold consent to the assignment of a lease or sublease, new land use rules in the Meadowlands and a property tax update for the last six months of 2003.
DEP Commences Effort To Limit Water Resources Across the State The Department of Environmental Protection has finally begun to recognize that through strict policing and review of those entities that provide water, it can effectuate a powerful chokehold on development within New Jersey. In fact, as recently as Dec. 2003, DEP Commissioner Bradley Campbell stated that there are approximately 20 water purveyors statewide that have been determined by the DEP to have no additional water resources to supply. COAH Publishes Proposed New Regulations on Affordable Housing Policy: Now What? The Council on Affordable Housing — and the McGreevey Administration — are facing substantial challenges, both legal and political, as they try to navigate very choppy waters to bring a durable affordable housing policy into port. More Than Verbal Evidence Should Be Required To Establish a Claim to Real Property A court recently held that a trial will be required to decide if an oral agreement for the sale of real estate is enforceable — even though the parties had specifically contemplated a document that was never executed. Title Insurance Issues Arising in Commercial Real Estate In many ways, a large commercial transaction can be approached in the same way as a small residential purchase or refinance. However, some problems and issues arise only in the context of commercial real estate closings. New Land Use Rules in the Meadowlands Processing land-use applications before the New Jersey Meadowlands Commission involves rules that are unique to the commission. While new zoning regulations that became effective on Feb. 17, 2004, are the result of a major recodification effort, the basic structure of the approval process has remained the same, with some areas being clarified and formalized. Property Tax Update: July 2003 — December 2003 The last six months of 2003 have produced decisions that could affect the assessment of real property in New Jersey, whether it is commercial, residential, farmland or tax-exempt. The following are synopses of key rulings, organized by categories.

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