Who has the power of eminent domain?
Eminent domain is the power of a state or federal government to take private possession of land for public use, such as constructing a road or school. In New Jersey, the power of eminent domain is granted to the state government, as well as local governments such as towns, cities, and counties. The power of eminent domain comes from the constitution of the state of New Jersey, which allows the government to take private property for public use, as long as it provides “just compensation” to the owner. The power of eminent domain is typically used for projects of benefit to the public, such as construction of public roads or public schools. When the government exercises its power of eminent domain and takes possession of a private property, it must pay just compensation to the owner. For this reason, the government will often negotiate with landowners to reach an agreement on how much they will receive for the property. If a satisfactory agreement cannot be reached between the parties, the government may still take possession of the property, but the owner must be compensated with fair market value. In New Jersey, the power of eminent domain is held by the state government, as well as local governments such as towns, cities, and counties. This power is used for public projects which serve the public good. The government is obligated to provide fair compensation to the property owner when it exercises its power of eminent domain.
Related FAQs
Who is responsible for determining the value of my property?What is the difference between a legislative taking and an administrative taking?
What is a public necessity?
What are the legal requirements for filing an eminent domain action?
What is the procedure for resolving a dispute over compensation?
Can I challenge the public use of eminent domain?
What are the consequences of an uncompensated taking?
What is the difference between just compensation and fair market value?
Can I receive compensation for the time spent on my property?
Is there a way to appeal a condemnation order?
Related Blog Posts
What is Eminent Domain Law and How Does it Impact Property Owners? - July 31, 2023Understanding the Eminent Domain Process: A Step-by-Step Guide - August 7, 2023
Defending Your Rights as a Property Owner in Eminent Domain Cases - August 14, 2023
The Valuation Process in Eminent Domain Proceedings - August 21, 2023
The Controversy Surrounding Eminent Domain Law - August 28, 2023