reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-13 - Appeal

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 necessary parties to the appeal shall be only such parties who have appeared at the commissioners' hearings. Other parties may be admitted by the court pursuant to the rules.
(b) Hearing on appeal The hearing on appeal shall be a trial de novo, as in other actions at law, without a jury, unless a jury be demanded. The award of the commissioners shall not be admitted in evidence.
(c) Limited discovery A valuation expert who has not testified at the hearing before the commissioners shall not be permitted to testify at the trial de novo, unless, within 15 days before trial the party offering such testimony gives notice to the other parties to the appeal of the name and address of such expert and his opinion of the amount of compensation and information relative to comparable sales as required by the rules. The information required by the rules shall be supplied as to all additional comparable sales not previously testified to before commissioners.
(d) 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.
If possession shall not have been taken theretofore, the condemnor, upon payment as aforesaid, may notwithstanding any further appeal or other proceedings, take possession of the lands or other property for the purposes for which the same was authorized to be taken.
L.1971, c. 361, s. 13.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-14 - Agreement as to compensation

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 herein provided. The condemnor may make payment of any part or item thereof agreed upon, and condemnees may accept such payment, without prejudice, and proceed to fix and determine the parts and items remaining in dispute.
L.1971, c. 361, s. 14.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-16 - Preliminary entry

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, borings and appraisals, provided notice of the intended entry for such purpose is sent to the owner and the occupant of the property by certified mail at least 10 days prior thereto. No tests, soundings or borings shall be made on property in which there exists a pipeline or other underground utility installation except in the presence of a representative designated by the public utility owning or using the same. If an action to condemn is not commenced within 2 years after such preliminary entry, any damages sustained as a result thereof, shall be paid by the condemnor to the person or persons so damaged. The amount of such damages, if any, and the person or persons entitled thereto, shall be determined by the court in a summary action pursuant to the rules.
L.1971, c. 361, s. 16.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-17 - Possession of property and declaration of taking

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, a declaration of taking, duly executed by an executive official of the condemnor, in form and content specified by the rules, including the following:
(a) a statement that possession of all or some part of the property being condemned is thereby being taken by the condemnor;
(b) a specific reference to the statute, article and section thereof, under which the action and declaration of taking is authorized;
(c) a description and plot plan of the property being condemned, and, if not the entire property, the portion thereof of which possession is being taken, sufficient for identification thereof, specifying the municipality or municipalities in which the same is located; the street number of the property, if any; the lot and block number of the property as designated upon the current assessment map, if any. In case of a partial taking, the information above specified shall include the entire property of the condemnee, and the portion thereof being taken;
(d) the names and addresses of all condemnees known to the condemnor after reasonable investigation, and the nature of their interests in the property;
(e) a statement of the estate or interest therein being condemned;
(f) a statement of the sum of money estimated by the condemnor to be just compensation for the taking, which sum shall be not less than the amount of the offer, in writing, provided for in section 6 hereof.
(g) Any other matter required by the rules.
L.1971, c. 361, s. 17.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-18 - Deposit of estimated compensation

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 section 6 hereof, and if an award has been made by commissioners hereunder, or a judgment determining compensation has been entered at the time of the filing of such declaration, the amount so deposited shall be not less than the amount of such award or judgment.
Any amount so deposited shall not be subject to the fees set forth in N.J.S. 22A:2-20.
L.1971, c. 361, s. 18.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-19 - Right to possession and vesting of title

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 service shall be filed in the action. Thereupon, the right to the immediate and exclusive possession and title to the property described in the declaration of taking shall vest in the condemnor, free and discharged of all right, title, interest and liens of all condemnees without the necessity of further process provided however, that the court may, upon application and good cause shown, stay the taking of possession of the land or other property, or authorize possession to be taken upon prescribed conditions. A property owner who refuses to vacate said property or yield possession and remains in possession more than 20 days after service of notice shall be deemed a trespasser and shall be then liable for rents, issues and profits 20 days after service. The court, upon notice and after determining that the property owner has had adequate opportunity to obtain any funds payable to him under sections 23 and 26 of this act and any other expenses to which he may be entitled to as a matter of law, shall enter an order for possession directed to the sheriff of the county in which the property is located. If the owner or tenant occupies the property with the condemnor's permission on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short term occupier. Such right, title and interest shall be transferred and shall attach to the compensation determined to be payable hereunder, to the same extent and in the same order of priority as existed at the date of vesting of title in condemnor. The pendency of an appeal from an award or judgment hereunder shall not interfere with such vesting of title.
L.1971, c. 361, s. 19.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-20 - Nature of title condemned

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 condemnee therein, provided, however, that if the complaint or any amendment thereof shall specify a lesser title, the lesser title so specified shall be the title condemned and acquired.
L.1971, c. 361, s. 20.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-21 - Date of vesting of title

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 act;
(b) Filing and recording in the recording office of the report of commissioners and payment of the award;
(c) Filing in the action and recording in the recording office, an agreement between condemnor and condemnee fixing the date as of which title shall vest;
(d) Paying and satisfying of record a final judgment fixing compensation payable hereunder.
L.1971, c. 361, s. 21.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-22 - Appeal not to affect right to possession and vesting of title

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.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-23 - Withdrawal of funds

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 persons entitled thereto, on account of the compensation to which they may be entitled in the action; provided, that if the award or judgment fixing such compensation be less than the amount paid pursuant hereto, the person to whom such payment has been made shall repay the same, together with interest at a rate to be fixed by the court from the date of payment to such person, and the court, after hearing in a summary manner, may enter judgment therefor; and provided, further, that if the award or judgment fixing such compensation be more than the amount deposited, condemnor shall pay the excess to the condemnee entitled thereto, with interest at a rate to be fixed by the court from the date of the deposit, and the court, after hearing in a summary manner, may enter judgment therefor against the condemnor. The court, upon notice to all parties, shall enter appropriate orders distributing any balances on deposit.
L.1971, c. 361, s. 23.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-24 - Revesting of title and restoration of possession

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 liens as existed as of the date of the filing of the declaration of taking. In such event, condemnor shall file and record the judgment and pay any damages sustained by the condemnee as a result of the action of the condemnor, and the expenses of the condemnee.
L.1971, c. 361, s. 24.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-25 - Compelling condemnor to file declaration of taking

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 the condemnor, at its election, to either file a declaration of taking and make the deposit hereinabove provided, or abandon the proceedings pursuant to section 35 hereof. For good cause and upon terms, the court may extend the time for the filing of such declaration of taking, but not more than 3 months after the commencement of the action.
L.1971, c. 361, s. 25.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-26 - Owner reimbursement by condemnor

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 he necessarily incurred for
(1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the condemnor; and
(2) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the condemnor, or the effective date of possession of such real property by the condemnor, whichever is earlier; and
(3) Penalty costs for prepayment of any mortgage entered into in good faith encumbering real property if the mortgage is on record or has been filed for record as provided by law on the date of approval by the taking agency of the location of the project. As used in this subsection "taking agency" means an "agency" as defined under section 3 of P.L.1972, c.47 (C.27:7-74).
b. If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property, such sum as will reimburse such owner for his reasonable costs, disbursements and expenses actually incurred, including reasonable attorney, appraisal, and engineering fees.
c. When a plaintiff shall have brought an action to compel condemnation against a defendant having the power to condemn, the court or representative of the defendant in case of settlement shall, in its discretion, award such plaintiff his reasonable costs, disbursements, and expenses, including reasonable appraisal, attorney and engineering fees actually incurred regardless of whether the action is terminated by judgment or amicable agreement of the parties.
L. 1971, c. 361, s. 26; amended 1989,c.50,s.13.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-27 - Deposit and withdrawal of funds not prejudicial

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 deposit and any withdrawal thereof, shall not be evidential in such determination.
L.1971, c. 361, s. 27.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-28 - Fees of clerk of the court

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, s. 28.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-29 - Compensation

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.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-29.1 - Compensation for loss of income

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 loss of income resulting from the interference of the condemnation proceeding with the harvesting of any standing crops or other agricultural commodities in an amount determined according to their appropriate time of harvest, and for the remainder of their average productive life, separate and apart from compensation for the fair market value of the land. This act shall apply to all actions instituted hereafter, and to all proceedings taken subsequent hereto in all actions pending on the effective date of this act; except that judgments heretofore entered or awards heretofore made pursuant to law from which no appeal is pending on the effective date of this act are not affected by the provisions hereof.
L. 1986, c. 53, s. 1, eff. July 17, 1986.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-30 - Determination date of just compensation

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 commencement of the action; (c) the date on which action is taken by the condemnor which substantially affects the use and enjoyment of the property by the condemnee; or (d) the date of the declaration of blight by the governing body upon a report by a planning board pursuant to section 38 of P.L.1971, c.361 (C.20:3-38), or, in the case of a property being maintained as an abandoned property for failure to remove the property from the abandoned property list, as provided pursuant to subsection c. of section 37 of P.L.1996, c.62 (C.55:19-56), if there was no declaration of blight, as of the date of expiration of the condemnee's right to appeal inclusion of the property on the abandoned property list.
L.1971, c.361, s.30; amended 1996, c.62, s.42.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-31 - Payment of interest

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 shall be excluded from the amount upon which interest shall be calculated, all moneys deposited pursuant to Article V hereof; and provided, further, that interest payable hereunder shall be subject to abatement for rents and profits derived from the property by the condemnee during the period for which interest is payable hereunder, and/or for the fair rental value of such property or any portion thereof occupied by the condemnee during such period.
L.1971, c. 361, s. 31.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-32 - Disputes as to interest

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.
L.1971, c. 361, s. 32.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-33 - Possession by individuals or private corporations

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 as provided in this act, take possession of the land or other property for the purposes for which the same was authorized to be taken.
The report of the commissioners, together with the order or judgment appointing them, or a copy thereof certified by the clerk of the court, and proof of such payment of the amount awarded shall be plenary evidence of the right of the condemnor to have, hold, use, occupy, possess and enjoy the land and other property.
L.1971, c. 361, s. 33.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-34 - Deposit of funds where ownership in dispute

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 shall not agree as to the distribution thereof; or in case the property condemned shall be encumbered by mortgage, judgment or other liens; or if for any other reason the condemnor cannot reasonably pay the award or judgment to any person, the amount thereof may be deposited with the clerk of the court, to be distributed to the parties entitled thereto according to law. The procedure for distributing the funds shall be in accordance with the rules.
L.1971, c. 361, s. 34.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-35 - Abandonment of proceedings

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 event that a hearing before commissioners shall have been waived, at any time before or within 30 days after judgment has been entered in said action; provided, however, that no such action shall be abandoned after the filing of a declaration of taking pursuant to Article V hereof, or after the vesting of title in any condemnor pursuant hereto; and provided further, that (a) a discharge of the notice of lis pendens is filed, and (b) the condemnor shall pay the expenses of all condemnees who have appeared in the action. Nothing herein shall preclude abandonment at any time by mutual consent of the parties.
L.1971, c. 361, s. 35.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-37 - Uneconomic remnants

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.
L.1971, c. 361, s. 37.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-38 - Blighted areas

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.1971, c. 361, s. 38.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-39 - Housing authority or redevelopment agency; declaration of taking

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 redevelopment agency may file with the Clerk of the Superior Court a declaration of taking in the manner provided by this act.
L.1971, c. 361, s. 39.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-40 - Acquisitions by State colleges; declaration of taking

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 condemnation in the manner provided by this act.
L.1971, c. 361, s. 40.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-41 - Lands etc. needed for defense or for airports; declaration of taking

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 States of America, the State of New Jersey or said county or municipality, for furthering national or State defense, or for developing or building airports or providing surface or aerial approaches thereto, by condemnation pursuant to this act, and shall represent to the court that it is necessary for such purposes that the plaintiff enter into possession of the same immediately, the plaintiff may, with leave of court, file with the Clerk of the Superior Court a declaration of taking in the manner provided for by this act.
L.1971, c. 361, s. 41.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-42 - Recovery of taxes or other municipal liens or charges

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 taxes or other municipal liens or charges against any property taken in condemnation.
L.1971, c. 361, s. 42.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-43 - Right of owner to recover amount awarded; lien

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 taken to recover the amount awarded with interest and costs, in the action or in an action in any court of competent jurisdiction to be instituted against the plaintiff after failure to pay the same for 20 days after the filing of the report, and shall from the time of filing the report be enforceable as a lien upon the land or property taken and any improvements thereon.
L.1971, c. 361, s. 43.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-44 - Payment of amount of judgment on appeal; right to possession; lien, other remedies

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 act.
If possession shall not have been taken theretofore, the plaintiff, upon payment as aforesaid, may, notwithstanding any further appeal or other proceedings, take possession of the lands or other property for the purposes for which the same was authorized to be taken.
The persons entitled to receive payment of the judgment shall be entitled to the same lien as is provided in section 34 of this act for the collection of awards of commissioners and shall have such other remedies as may be appropriate for the recovery of the same.
L.1971, c. 361, s. 44.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-45 - Condemnation of public utility property by municipality; after acquired property and improvements

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 thereto or the amount thereof paid into court, the municipality, in addition to having the right to take possession of the property so condemned, may take possession of such other property as the company has acquired, and any improvements made in its plant, since the commencement of the action, in advance of making compensation therefor, provided the municipality cannot acquire said property and improvements by agreement with the owner, either by reason of disagreement as to price, or the legal incapacity or absence of the owner, or his inability to convey valid title, or by reason of any other cause.
Upon a municipality exercising this right and entering upon and taking the after-acquired property and improvements in advance of making compensation therefor, the municipality shall apply to the commissioners therefore appointed in the action to fix the compensation to be paid the persons interested for the after-acquired property and improvements. Thereupon the commissioners shall make a just and equitable appraisement of the value of all such after-acquired property and improvements and damages if any, in accordance with this act. Upon the making of the award the municipality shall pay the amount thereof unless an appeal is taken therefrom to the Superior Court as provided for in section 13 of this act, in which case the amount of the award shall be paid upon final determination thereof.
L.1971, c. 361, s. 45.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-46 - Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks

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 set forth in this act the boundary lines of the said road and highways, or portion thereof so taken and acquired, shall include within the boundaries thereof all land necessary and desired for the locating of sidewalks or other space then needed, or thereafter to be utilized as sidewalk, and whether the same shall then or thereafter be intended to be paved for use by pedestrians as sidewalks.
All land lying outside of and adjoining the outer boundary lines of any public road or highway, the boundaries of which have been established according to law prior to April 28, 1931, and which lands or the use thereof shall be required for the purpose of laying out, grading and constructing sidewalks for the use of pedestrians, shall be taken, acquired and occupied from and as against the rightful owner thereof, only in accordance with this act and upon paying compensation therefor, to be fixed and determined in the manner prescribed by this act.
Nothing in this section shall limit or impair or deprive any municipality or county of the right to ordain or order the grading and the construction of a paved surface for any sidewalk above referred to, and the assessing of the proportionate cost thereof, against the owner of the property thereby improved as a local public improvement in the manner now provided by law.
L.1971, c. 361, s. 46.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-47 - Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute

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 compensation for the land or other property and damages is authorized by statute to be set off against or made wholly or partially in benefits to be assessed for the same improvement, the municipal corporation or other body may elect to proceed under such statute and on such election the proceeding shall not be governed by this chapter, except as provided by such statute.
L.1971, c. 361, s. 47.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-48 - Reference to prior law as reference to this act

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 effect as though reference therein were made to this act or the applicable provisions thereof.
L.1971, c. 361, s. 48.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-49 - Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14

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 ascertainment and payment of compensation for property condemned or taken by bodies organized and administered as a result of or under compacts between States.
L.1971, c. 361, s. 49.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-50 - Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain

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 every agency, authority, company, utility or any other entity having the power of eminent domain exercisable within the State of New Jersey except as exempted in section 49 of this act.
L.1971, c. 361, s. 50.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-2 - Declaration of policy

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 program of voluntary rehabilitation of buildings or other improvements conducted pursuant to governmental supervision. Such policy shall be uniform as to a. relocation payments, b. advisory assistance, c. assurance of availability of standard housing, and d. State reimbursement for local relocation payments under State assisted and local programs.
L.1971, c. 362, s. 2, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-3 - Definitions

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, corporation, or association.
c. "Displaced person" means any person who, on or after the effective date of this act, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a taking agency; and solely for the purposes of sections 4 a. and b. and section 7 of this act, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project.
d. "Business" means any lawful activity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 4 a. of this act for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
e. "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
f. The term "commissioner" shall mean the Commissioner of the Department of Community Affairs.
L.1971, c. 362, s. 3, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-3.1 - Displacement of tenant from multiple dwelling by fire or other emergency; eligibility for relocation assistance

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 other emergency, and the damage resulting from the fire or other emergency in the judgment of the housing inspector or other official charged with equivalent responsibility is such as to render the dwelling uninhabitable, the tenant shall be deemed a displaced person under the "Relocation Assistance Act" and shall be eligible for relocation assistance as afforded persons displaced as a result of code enforcement activities. State appropriations of relocation assistance shall not be used for this purpose unless specifically permitted by language in the annual appropriations act.
L.1981, c. 491, s. 1, eff. Jan. 12, 1982.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-4 - Moving and related expenses

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, business, farm operation, or other personal property;
(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the taking agency; and
(3) actual reasonable expenses in searching for a replacement business or farm.
b. Any displaced person eligible for payments under subsection a. of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection a. of this section may receive a moving expense allowance, determined according to a schedule established by the taking agency, not to exceed $300.00, and a dislocation allowance of $200.00.
c. Any displaced person eligible for payments under subsection a. of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection a. of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than $2,500.00 nor more than $10,000.00. In the case of a business no payment shall be made under this subsection unless the taking agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the taking agency, which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings," means 1/2 of any net earnings of the business or farm operation, before Federal, State, and local income taxes, during the 2 taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as such agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period.
L.1971, c. 362, s. 4, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-4.1a - Revolving relocation assistance fund

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 interest thereon, paid by an owner of real property who has been held liable for a civil or criminal penalty in the case of any displacement of persons by housing or construction code enforcement pursuant to section 1 of P.L. 1983, c. 536 (C. 20:4-4.1); b. any sums realized by the municipality upon enforcement of municipal liens or liquidation of any property acquired by virtue of enforcement pursuant to section 1 of P.L. 1983, c. 536 (C. 20:4-4.1); and c. any sums realized by the municipality relating to any relocation cost and interest thereon upon enforcement or liquidation of any property acquired by virtue of enforcement and collected pursuant to section 1 of P.L. 1984, c. 30 (C. 20:4-4.2).
Moneys appropriated from the fund shall be used by the municipality to provide relocation assistance pursuant to P.L. 1971, c. 362 (C. 20:4-1 et seq.).
L. 1987, c. 98, s. 2.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-4.2 - Unpaid balance; recovery by public agency in civil action; persons liable

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 thereon, together with attorneys' fees and costs, may be recovered by the public agency in a civil action as a personal debt of the owner of the real property. If the owner of the real property is a corporation, the directors, officers, and each shareholder who controls more than 5% of the total voting shares of the corporation, shall be personally liable, jointly and severally, for the relocation costs.
L.1984, c. 30, s. 1, eff. April 11, 1984.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-4.3 - Rights and remedies cumulative and concurrent

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.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-6 - Replacement housing for tenants and certain others

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 actually and lawfully occupied by such displaced person for not less than 90 days prior to the initiation of negotiations for acquisition of such dwelling. Such payment shall be either:
a. the amount necessary to enable such displaced person to lease or rent for a period not to exceed 4 years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000.00; or
b. the amount necessary to enable such person to make a downpayment (including incidental expenses described in section 5 a. (3)) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such persons in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed $4,000.00, the first $2,000.00 of which is to be paid without contribution from the displaced person, but thereafter such payments will only be made on a matching dollar-for-dollar basis with the displaced person.
L.1971, c. 362, s. 6, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-6.1 - Relocation payments to persons displaced by government programs

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, code-enforcement or rehabilitation programs of State or local government, a displaced person entitled to receive relocation assistance pursuant to the federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," Pub.L.91-646 (42 U.S.C. s.4601 et seq.), as amended by the "Uniform Relocation Act Amendments of 1987," Title IV of Pub.L.100-17, shall be entitled to receive such amount as may be determined pursuant to that federal act in lieu of any lesser amount determined pursuant to P.L.1971, c.362 (C.20:4-1 et seq.).
L.1991,c.5,s.1.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-7 - Relocation assistance advisory programs

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 assistance advisory program for displaced persons which shall offer the services prescribed herein. If the taking agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer such person relocation advisory services under such program.
b. Each relocation assistance program required by subsection a. shall include such measures, facilities, or services as may be necessary or appropriate in order (1) to determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance; (2) to assist owners of displaced business and farm operations in obtaining and becoming established in suitable business locations or replacement farms; (3) to supply information concerning programs of the Federal, State and local governments offering assistance to displaced persons and business concerns; (4) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (5) to secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program.
L.1971, c. 362, s. 7, eff. Jan. 1, 1972.