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The attorneys in our Transportation Law practice regularly represent clients in complex and controversial land development and highway transportation matters arising from the State Highway Access Management Act and Access Code, as well as those related to compliance with the Municipal Land Use Law, Local Redevelopment and Housing Law, County Planning Act and Title 27 (Transportation) and Title 39 (Motor Vehicles).
Our Transportation Law attorneys have appeared before more than 150 municipal, county and regional land use boards with respect to the full spectrum of site plan issues that arise in transportation and roadway land use matters. We have extensive experience in successfully navigating the various ordinances governing businesses seeking variances and municipal approval, including driveway access, site circulation, parking and loading space requirements. We are well-versed on Title 39 traffic regulatory matters including speed zone studies, truck route prohibitions, vehicle weight limitations, stop and yield control measures, traffic signal authorizations, turning and passing regulations, parking and loading restrictions, bus stop designations and rail crossing approvals. Our attorneys regularly negotiate and obtain the necessary approvals from government transportation agencies having jurisdiction over developer funded or constructed public roadway improvements.
The Firm regularly appears before the New Jersey Department of Transportation (“NJDOT”) in state highway access permitting matters, and represents clients in administrative appeals before the NJDOT regarding contested highway access permitting decisions. Our transportation attorneys have litigated transportation approval rights in the Appellate Division, Superior Court of New Jersey, and have represented clients in transportation regulatory matters before the Port Authority of New York and New Jersey, New Jersey Motor Vehicle Commission, New Jersey Turnpike Authority, South Jersey Transportation Authority, and National Transportation Safety Board, as well as county and municipal highway departments throughout New Jersey.
From 1994 to 2002, the Firm served as outside general counsel to the New Jersey Turnpike Authority. Currently, the Firm represents a limited Class 1 terminal and switching railroad in state governmental affairs and has previously represented a shortline freight railroad in state governmental matters. Finally, the Firm has provided litigation counsel to maritime and docking pilots in licensure issues; to airport and helicopter operators in land use matters; and to passenger bus carriers, limousine, taxi and shuttle carriers and freight carriers in a variety of transportation regulatory matters.
Typical Engagements
- Preparation of Letters of No Interest from the New Jersey Department of Transportation confirming the continued validity of state highway access permits
- Providing advice in obtaining New Jersey Department of Transportation state highway access approvals (major and major with planning street and driveway access permits, lot subdivision/consolidation permits, and highway occupancy permits)
- Negotiation with the New Jersey Department of Transportation and county and municipal governments of highway access (developer) improvement, traffic signal, utility relocation, road opening, and jurisdictional agreements
- Preparation of right of way dedication deeds required by the New Jersey Department of Transportation and county and municipal governments
- Drafting of shared access, sight triangle and traffic signal easement agreements required by the New Jersey Department of Transportation and county and municipal governments
- Providing advice on the right to access, cross and occupy the public right of way and the general network of highways and streets
- Administrative and judicial appeals driveway access revocation and modification decisions of the New Jersey Department of Transportation and county and municipal governments
- Preparation of outdoor advertising (highway billboard) permit applications before the New Jersey Department of Transportation and county and municipal governments
- Legislative drafting of Title 39 regulatory measures
- Prosecution and defense of condemnation and inverse condemnation actions arising from transportation projects
- Compliance advice in connection with the Airport Safety Zone Act for municipal land use applications
- Drafting of rail crossing, side track service and freight rail improvement agreements
- Regulatory matters before the New Jersey Motor Vehicle Commission involving motor bus carriers, commercial fleet registration and inspection and licensing of motor vehicle dealers, taxicabs, limousines, and transportation network services
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