Title 20, Title 20: EMINENT DOMAIN

20:3-12. Appointment of commissioners and hearings (a) Waiver of appointment of commissioners. By stipulation filed in the cause, the condemnor and all condemnees may waive the appointment of commissioners and in such event, the action shall proceed to trial before the court. (b)…

20:3-13. Appeal (a) Parties Any party who has appeared at the hearings of the commissioners, either personally or through an attorney, may appeal from the award of the commissioners. Such appeal shall be taken within the period and in the manner provided by the rules. The necessa…

20:3-14. Agreement as to compensation At any time during the pendency of the action, the condemnor and the condemnees may agree upon all or any part or any item of compensation to be paid, and then proceed to have those parts or items not agreed upon, fixed and determined as here…

20:3-15. Exclusion The provisions of this article shall not apply to individuals or private corporations vested with the authority of condemnation. L.1971, c. 361, s. 15.

20:3-16. Preliminary entry Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests, soundings, …

20:3-17. Possession of property and declaration of taking At any time contemporaneous with or after the institution of an action and service of process, the condemnor may file in the action, when empowered to do so by law, and if so filed, shall also file in the recording office,…

20:3-18. Deposit of estimated compensation Simultaneously with the filing of the declaration of taking, the condemnor shall deposit the amount of such estimated compensation with the clerk of the court. The amount so deposited shall be not less than the amount offered pursuant to…

20:3-19. Right to possession and vesting of title A copy of the declaration of taking and notice of the filing thereof and of the making of the aforesaid deposit, shall be served upon the condemnee and all occupants of the property in accordance with the rules, and proof of such …

20:3-2. Definitions When used in this act, unless the context or subject matter otherwise requires, the following words shall have the meanings ascribed to them under this section: (a) "Condemn" means to take private property for a public purpose under the power of eminent domain…

20:3-20. Nature of title condemned The title to property condemned and acquired by the condemnor hereunder, shall be a title in fee simple, free and discharged of all right, title, interest and liens of all condemnees, and shall include all the right, title and interest of each c…

20:3-21. Date of vesting of title Title to the property condemned shall vest in the condemnor as of the earliest date of the happening of any of the following events: (a) Filing and recording the declaration of taking and depositing funds pursuant to sections 17 and 18 of this ac…

20:3-22. Appeal not to affect right to possession and vesting of title The pendency of an appeal with respect to any issue other than the authority to condemn, shall not affect the right to possession and vesting of title in the condemnor. L.1971, c. 361, s. 22.

20:3-23. Withdrawal of funds Upon application of any condemnee, or any other party in interest, and on notice to all parties to the action, including the condemnor, the court may direct that the estimated compensation on deposit, or any part thereof, be paid to the person or pers…

20:3-24. Revesting of title and restoration of possession If, after the filing of a declaration of taking, a judgment shall be entered dismissing the action, title to and possession of the property shall revest in the condemnee, subject to the same right, title, interest and lien…

20:3-25. Compelling condemnor to file declaration of taking If within 6 months from the date of appointment of commissioners, the condemnor fails to file a declaration of taking, the court, upon application of any condemnee, and on notice to all parties in interest, may require t…

20:3-26. Owner reimbursement by condemnor a. The condemnor, as soon as practicable after the date of payment of the acquisition price or the date of deposit in court of funds to satisfy the award of compensation, whichever is earlier, shall reimburse the owner for actual expenses…

20:3-27. Deposit and withdrawal of funds not prejudicial Neither the making of the deposit nor any withdrawal thereof pursuant to this article, shall affect or prejudice the rights of either the condemnor or the condemnee in the determination of compensation. The amount of such d…

20:3-28. Fees of clerk of the court Where the clerk of the court is authorized to charge and deduct statutory fees or commissions by reason of the deposit and disbursement of funds pursuant to this article, such fees and commissions shall be paid by the condemnor. L.1971, c. 361,…

20:3-29. Compensation The condemnee shall be entitled to compensation for the property, and damages, if any, to any remaining property, together with such additional compensation as provided for herein, or as may be fixed according to law. L.1971, c. 361, s. 29.

20:3-29.1. Compensation for loss of income The condemnor of agricultural or horticultural land which is eligible for valuation, assessment, and taxation under the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C. 54:4-23.1 et seq.), shall compensate the condemnee for any lo…

20:3-3. Severability If any provision or clause of this act, or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or ap…

20:3-30. Determination date of just compensation 30. Just compensation shall be determined as of the date of the earliest of the following events: (a) the date possession of the property being condemned is taken by the condemnor in whole or in part; (b) the date of the commenceme…

20:3-31. Payment of interest Interest as set by the court upon the amount of compensation determined to be payable hereunder shall be paid by the condemnor from the date of the commencement of the action until the date of payment of the compensation; provided, however, that there…

20:3-32. Disputes as to interest Unless agreed upon by the parties, the amount of such interest shall be fixed and determined by the court in a summary manner after final determination of compensation, and shall be added to the amount of the award or judgment, as the case may be.…

20:3-33. Possession by individuals or private corporations Individuals and private corporations vested with the authority of condemnation may, upon the filing of the report of the commissioners and upon payment, to the parties entitled thereto or into court, of the amount awarded…

20:3-34. Deposit of funds where ownership in dispute If the condemnee entitled to receive the award or judgment upon tender thereof, shall refuse to receive the same, or shall be out of the State, or under any legal disability; or in case several condemnees interested in the fund…

20:3-35. Abandonment of proceedings Any action hereunder may be abandoned at any time before or within 30 days after the filing of the award of commissioners; or in the event of an appeal from such award, at any time before or within 30 days after the entry of judgment; or in the…

20:3-36. Method of abandonment The abandonment shall be effected by filing and serving notice of abandonment. L.1971, c. 361, s. 36.

20:3-37. Uneconomic remnants If as a result of a partial taking of property, the property remaining consists of a parcel or parcels of land having little or no economic value, the condemnor, in its own discretion or at the request of the condemnee, shall acquire the entire parcel…

20:3-38. Blighted areas The value of any land or other property being acquired in connection with development or redevelopment of a blighted area shall be no less than the value as of the date of the declaration of blight by the governing body upon a report by a planning board. L…

20:3-39. Housing authority or redevelopment agency; declaration of taking Upon the institution of an action by a housing authority or redevelopment agency to fix the compensation to be paid, or at any time thereafter, a duly authorized officer or agent of the housing authority or…

20:3-4. Effective date This act shall take effect immediately following the approval thereof, and shall apply to all actions instituted thereafter, and to all proceedings taken subsequent thereto in all actions pending on such effective date; except that judgments theretofore ent…

20:3-40. Acquisitions by State colleges; declaration of taking Whenever a State college is authorized by law to acquire lands or rights therein, the Director of the Division of Purchase and Property may acquire such lands or right therein by gift, devise, purchase, or by condemna…

20:3-41. Lands etc. needed for defense or for airports; declaration of taking Whenever the State or any commission, official, board or body thereof or any county or municipality shall determine to acquire lands, easements, rights-of-way or other property to be used by the United …

20:3-42. Recovery of taxes or other municipal liens or charges The provisions of this act shall not be construed to prevent any municipality from retaining from or recovering out of any moneys paid by it into court, under this act, any sum or sums due to such municipality, for ta…

20:3-43. Right of owner to recover amount awarded; lien The report of the commissioners together with the order or judgment appointing them, or a copy thereof certified by the clerk of the court, shall be plenary evidence of the right of the owner of the land or other property ta…

20:3-44. Payment of amount of judgment on appeal; right to possession; lien, other remedies The amount of the judgment on the appeal, or so much thereof as shall not have been paid, shall be paid to the parties entitled thereto or paid into court as provided in section 34 of this…

20:3-45. Condemnation of public utility property by municipality; after acquired property and improvements Where an award has been made in an action by a municipality for the condemnation of property of a public utility company and the award has been paid to the parties entitled …

20:3-46. Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks Unless otherwise particularly specified in the resolution, map, complaint and other proceedings for the acquiring of land or rights-of-way, or both, for public highways in the manner …

20:3-47. Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute Where land or other property is taken or to be taken by a municipal corporation or other public body for public improvement and payment of the compe…

20:3-48. Reference to prior law as reference to this act Any reference to Title 20 of the Revised Statutes or to any section or sections thereof or any amendment or supplement thereof in any other statute, in effect on the effective date of this act, shall hereafter be given effe…

20:3-49. Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14 Chapter 1 of Title 20 of the Revised Statutes and P.L.1942, chapter 14 are repealed as of the effective date hereof; provided, however, that this act shall not affect statutes insofar as they regulate the ascertain…

20:3-5. Jurisdiction The court shall have jurisdiction of all matters in condemnation, and all matters incidental thereto and arising therefrom, including, but without limiting the generality of the foregoing, jurisdiction to determine the authority to exercise the power of emine…

20:3-50. Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. This act shall apply to eve…

20:3-6. Application of act Whenever any condemnor shall have determined to acquire property pursuant to law, including public property already devoted to public purpose, but cannot acquire title thereto or possession thereof by agreement with a prospective condemnee, whether by r…

20:3-7. Procedure in actions (a) Rules of procedure. The procedure governing the action shall be in accordance with the rules. (b) Multiple proceedings. The condemnation of 10 or less parcels of property lying wholly within the same county may be joined in one action; provided th…