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State moves to condemn Jersey City scrap metal company

Cinelli Scrap Metal Inc. could be acquired through eminent domain

The state filed a lawsuit against Cinelli Scrap Metal's Inc In Hudson County Superior Court to condemn and acquire the property for public use.

A scrap metal yard near the Pulaski Skyway at 275 Broadway in Jersey City may be condemned if the New Jersey Department of Transportation and Attorney General’s Office have anything to say about it.

The property is owned by Cinelli Scrap Metals Inc., which provides scrap metal removal and recycling of most types of metal, including copper pipe, stainless steel, lead, steel, iron, and sheet aluminum.

According to the company’s website, the family-owned business was founded in 1950 and is a third-generation business serving the Tri-State area for more than 64 years.

“Our proximity to the high volume of construction and demolition in New York and suburban New Jersey provides us with plenty of opportunity,” reads the website. “Our location gives us easy access to the city without the expense of a city-based business. This allows us to provide better pricing than other scrap metal recyclers. We are certified, bonded, insured, and authorized to conduct all our work.”

According to the verified complaint filed in Hudson County Superior Court, New Jersey Attorney General Gurbir Grewal will represent the state’s Department of Transportation against Cinelli Scrap Metals. Inc.

Contamination possible

“Plaintiff has been unable to acquire a said interest in the land and premises through bona fide negotiations with the property owner,” states the verified complaint. “The amount of compensation offered by the plaintiff to the property owner is $68,000, which amount assumes that the property is free of contamination or has been remediated.”

But the compliant reserves the right of the DOT to be reimbursed for all costs of remediation and cleanup of contamination as well as the removal of solid waste or sanitary landfill closure that have been or may be incurred should the state seize the property.

“The owner of record has not provided to plaintiff any information that would necessitate further investigation of the subject property,” states the complaint. “However, due to the present use of the subject property, its environmental history, and/or presence of underground storage tanks and/or piping, there exists a reasonable possibility that there may be some type of contamination which may require further investigation and/or remediation.”

The complaint states that the state reserves the right to amend the complaint if additional or higher levels of contamination or solid waste are discovered, including not releasing the $68,000 offered until the current property owners remediate or clean up the contamination or waste.

Court filings do not indicate what the NJDOT wants the property for, indicating only that it will be for “public use.”

According to court filings, Cinelli Scrap Metals Inc. is being represented by Carlin & Ward Attorneys at Law, a Florham Park-based firm, which plans to file a motion of dismissal next month.

For updates on this and other stories check www.hudsonreporter.com and follow us on Twitter @hudson_reporter. Marilyn Baer can be reached at Marilynb@hudsonreporter.com.

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