What is the Condemnation Procedure?

The Condemnation Procedure in New Jersey is the process by which the government can acquire private property for public use. This is done through the exercise of the State’s Eminent Domain power. The process begins when a condemnation authority, usually a municipality or state agency, determines that the taking of property is necessary. The condemnor then files a complaint in the Superior Court of New Jersey citing the necessity of the taking and providing details of the property to be taken. The condemnor must also serve notice to all interested parties about the proposed taking of the property. The court assigns a third-party special master to determine the value of the property to be taken and assign awards to those affected. If the parties cannot reach an agreement, the special master may grant a preliminary award for the estimated value of the property to be taken. The condemnor and the owner of the property may then enter into negotiations in an attempt to reach an agreement without the need for a court trial. If an agreement cannot be reached, a trial is conducted and a final award is granted. Once the court has entered the final award, the condemnor must file a notice of the award with the county clerk and pay the award to the affected parties. The condemnor may then take possession of the property. The Condemnation Procedure is an important part of Eminent Domain law in New Jersey and helps to ensure that private property is taken fairly and justly.

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What is the Condemnation Procedure?

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