New Jersey Revised Statutes Title 20 - Eminent Domain

• 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...
• 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.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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.
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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.L. 1964,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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.
• 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...
• 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...
• 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...
• 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...
• 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 or...
• 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...
• 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,...
• 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...
• 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...
• 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 highways...
• 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...
• 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...
• Section 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...
• Section 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....
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...

Last modified: October 11, 2016