New Jersey Eminent Domain Laws

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• New Jersey Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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. ...
• New Jersey Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 ...
• New Jersey Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 ...
• New Jersey Eminent Domain Laws Section 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 Eminent Domain Laws Section 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 ...

Last modified: October 21, 2006