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New Jersey Statutes - Title 20 Eminent Domain

Legal Research Home > New Jersey Laws > Eminent Domain > New Jersey Statutes - Title 20 Eminent Domain

  • New Jersey Statutes 20:1-3.11 Acquisition of land by the Director of the Division of Purchase and Property or the board of trustees of a State college
    Whenever authorized by law to acquire lands or rights therein, whether for the immediate or future use of the State, the Director of the Division...
  • New Jersey Statutes 20:3-1 Short title
    This act shall be known and may be cited as the "Eminent Domain Act of 1971." L.1971, c. 361, s. 1.
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 20:3-8 Commencement of action
    The action shall be instituted by filing of a verified complaint in form and content specified by the rules and shall demand judgment that condemnor...
  • New Jersey Statutes 20:3-9 Process
    After the filing of the complaint, the condemnor shall issue and with due diligence, cause process to be served or published in accordance with the...
  • New Jersey Statutes 20:3-10 Lis pendens
    Within 14 days after the filing of the complaint, the condemnor shall cause to be filed and recorded in the recording office, a notice of...
  • New Jersey Statutes 20:3-11 Denial of authority to condemn
    Failure to deny the authority of the condemnor to condemn in the manner provided for by the rules, shall constitute a waiver of such defense....
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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.
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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....
  • New Jersey Statutes 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...
  • New Jersey Statutes 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,...
  • New Jersey Statutes 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)...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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....
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 20:3-36 Method of abandonment
    The abandonment shall be effected by filing and serving notice of abandonment. L.1971, c. 361, s. 36.
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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,...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 20:4-1 Short title
    This act shall be known and may be cited as the "Relocation Assistance Act." L.1971, c. 362, s. 1, eff. Jan. 1, 1972.
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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 necessitated by that enforcement, in which the...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 20:4-10 Authority of the commissioner
    a. The commissioner shall adopt such rules and regulations as may be necessary to assure: (1) that the payments and assistance authorized by this act...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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...
  • New Jersey Statutes 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,...
  • New Jersey Statutes 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 Department of Transportation shall supplement its...

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Last modified: March 22, 2014