Title 20, Title 20: EMINENT DOMAIN

20:4-11. Administration In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the commissioner may authorize any taking agency to enter into contracts with…

20:4-12. Fund availability Funds appropriated or otherwise available to any taking agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this ac…

20:4-13. State participation in cost of local relocation payments and services If a unit of local government acquires real property, and State financial assistance is available to pay the cost, in whole or part, of the acquisition of such real property, or of the improvement for …

20:4-14. Displacement by code enforcement or voluntary rehabilitation A person who moves or discontinues his business or moves other personal property, or moves from his dwelling on or after the effective date of this act as the direct result of code enforcement activities, or a …

20:4-15. Payments not to be considered as income or resources No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State L…

20:4-16. Payment under state law of eminent domain not payment under this act No payment or assistance under this act shall be required or included as a program or project cost under this act if the displaced person receives a payment required by the State law of eminent domain w…

20:4-17. Loans for costs in planning and in obtaining financing for housing for displaced persons In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or S…

20:4-18. Payments under this act additional to awards in condemnation awards The payments authorized in this act shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on the effective da…

20:4-19. Appeal procedure Any person or business concern aggrieved by final administrative determination, concerning eligibility for relocation payments authorized by this act may appeal such determination to the Superior Court. L.1971, c. 362, s. 19, eff. Jan. 1, 1972.

20:4-2. Declaration of policy The purpose of this act is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by State and local land acquisition programs, by building code enforcement activities, or by a prog…

20:4-20. Severability If any provision of this act or the application thereof to any person of circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affec…

20:4-21. Repeal of inconsistent acts All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1971, c. 362, s. 21, eff. Jan. 1, 1972.

20:4-22. State department of transportation; inapplicability of act; supplemental program; consultation with commissioner of department of community affairs The provisions of this act shall not apply to the State Department of Transportation; provided, however, that the State Dep…

20:4-3. Definitions As used in this act the term: a. "Taking agency" means the entity, public or private, including the State of New Jersey, which is condemning private property for a public purpose under the power of eminent domain. b. "Person" means any individual, partnership,…

20:4-3.1. Displacement of tenant from multiple dwelling by fire or other emergency; eligibility for relocation assistance A municipality may provide by resolution that where a tenant residing in a structure of two dwelling units or more, is displaced from his dwelling by fire or …

20:4-4. Moving and related expenses a. If a taking agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this act, for: (1) actual reasonable expenses in moving himself, his family, b…

20:4-4.1. Displacement by housing or construction code enforcement where owner liable for penalties; payment of relocation costs; lien; enforcement; appeal a. In the case of any displacement of persons by housing or construction code enforcement, including any rehabilitation nece…

20:4-4.1a. Revolving relocation assistance fund Any municipality may, by ordinance, establish a revolving relocation assistance fund into which shall be deposited the following sums, less any money required to be repaid to the State of New Jersey: a. any relocation costs, and int…

20:4-4.2. Unpaid balance; recovery by public agency in civil action; persons liable In the event that relocation costs to be paid to a public agency pursuant to P.L.1983, c. 536 (C. 20:4-4.1) shall not be paid as and when due, the unpaid balance thereof and all interest accrued t…

20:4-4.3. Rights and remedies cumulative and concurrent All rights and remedies granted by this act and by P.L.1983, c. 536 for the collection and enforcement of relocation costs shall be cumulative and concurrent. L.1984, c. 30, s. 2, eff. April 11, 1984.

20:4-5. Replacement housing for homeowners a. In addition to payments otherwise authorized by this act, the taking agency shall make an additional payment not in excess of $15,000.00 to any displaced person who is displaced from a dwelling actually owned and occupied by such disp…

20:4-6. Replacement housing for tenants and certain others In addition to amounts otherwise authorized by this act, a taking agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 5 which dwelling was…

20:4-6.1. Relocation payments to persons displaced by government programs Notwithstanding the limitations set forth in P.L.1971, c.362 (C.20:4-1 et seq.) on the amounts of relocation payments that may be provided to various categories of persons displaced by land acquisition, cod…

20:4-7. Relocation assistance advisory programs a. Whenever the acquisition of real property for a program or project undertaken by a taking agency will result in the displacement of any person on or after the effective date of this section, such agency shall provide a relocation…

20:4-8. Assurance of availability of standard housing Whenever the acquisition of real property for a program or project undertaken by a taking agency will result in the displacement of any person on or after the effective date of this section, such agency shall assure that, with…

20:4-9. Provision of standard housing when sale or rental housing unavailable If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the taking agency determines that such housing cannot otherwise…