Drew K. Kapur

Representative Matters

• Represented the owner of a high-end contemporary furniture store in Cherry Hill, New Jersey, in obtaining a decision from the Office of Administrative Law stating that the owner will not have reasonable access to its property if the New Jersey Department of Transportation (NJDOT), through its Office of Access Design, takes away the existing Route 70 highway access to the property for a proposed infrastructure project.

• Represented a regional transportation authority to acquire, by agreement or condemnation, a 28-acre site in southwest Philadelphia to construct and operate a new maintenance and repair facility in connection with a trolley modernization project; the property has a history of industrial contamination and subsequent remediation.

• Represented a regional transportation authority to acquire, by condemnation, of permanent sub-surface, surface and aerial air rights easements in connection with a project to modernize 30th Street Station in Philadelphia, and support private sector investment in the area.

• Represented the owner of a 50-acre religious cemetery in New Jersey, of which the New Jersey Department of Transportation took approximately six acres in fee, as well as various permanent and temporary easements, resulting in the loss of 10,000 available burials, reducing the future sales life of the cemetery from 50 years to 30 years; secured a jury verdict of nearly $3 million for the client.

• Represented a church/property owner from whom the New Jersey Department of Transportation took a temporary easement through a parking lot affecting onsite vehicular circulation and maneuverability; the State offered the property owner $373,000 as just compensation, but the jury returned a verdict of $496,010.

• Represented the owner of a diner property in a de facto (inverse) condemnation action against the State to obtain compensation for the blockage of vehicular access to the property for over two years – after a bench trial, the State had to pay just compensation for the taking of access; the case evenutally settled for $1.8 million.

• Represented a chemical manufacturer subsidiary of a global, publicly traded petroleum company in legacy environmental liability issues at sites in New Jersey, including negotiations for a two-site remedy at adjoining sites subject to separate federal and state clean-up orders.

• 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. Although client obtained the right to buy a former radar-guided missile defense battery from GSA in 1987, closing delayed until 2006 by pre-existing environmental conditions at the property. Two months later, Turnpike offered $260,000 to buy property; negotiations failed, and the PTC condemned the property. A 12-member jury returned a $1.5 million verdict.

• Represented a property owner in connection with a condemnation instituted by a local redevelopment agency in Camden County, New Jersey, which offered $110,000; case settled for $550,000.

• Represented a landmark diner in Burlington County, New Jersey 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.

• Obtained $1.1 million verdict for property owner client in a condemnation action instituted by the New Jersey Department of Transportation against a Morris County gas station. NJDOT determined certain roadway improvements were needed at the intersection of a state highway and a county road – which improvements required taking of the property owner's right of access to the state highway and left fuel trucks no longer able to make deliveries to the site; NJDOT offered the property owner $340,000 as just compensation.

• Represented the owner of a closed gas station property located on a state highway (Route 35) in Middlesex County. 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 be provided to the site and case settled at trial for $875,000.

• Represented the Commonwealth of Pennsylvania in connection with its acquisition of three Philadelphia properties needed for the $700 million expansion of the Pennsylvania Convention Center; office, retail, condominium and parking facilities’ estimated just compensation was $50 million.

• 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. State offered property owner $650,000 as just compensation and severance damages; case settled at trial for $2.4 million.

Admissions

• New Jersey
• Pennsylvania
• South Carolina
• District of Columbia

Education

• Loyola University New Orleans School of Law, J.D., 1981
• North Carolina State University, B.A., with honors, 1978

Professional Activities

• International Right of Way Association (IRWA)
• Appraisal Institute
  - Affiliate Member
• American Bar Association
• New Jersey State Bar Association
• Camden County Bar Association

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business, 2007-2012 editions
• Profiled in "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.

Selected Publications

• 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