How does the valuation process work?
In New Jersey, the valuation process of eminent domain law is fairly straightforward. It begins with the governmental entity, such as a state or local agency, which has the authority to take private property for public use. The governmental entity must make a written offer to the owner of the property, appraising its estimated market value. The owner then has the right to accept or reject the offer. If the owner accepts the offer, the taking is considered voluntary. If the offer is rejected, then the government must file a complaint in the Superior Court of the county where the property is located. The court will appoint three appraisers, one for the government, one for the owner, and one neutral appraiser, to conduct an appraisal of the property. A hearing is then held before a judge. Each party can present evidence and testimony at the hearing to support their own appraised value of the property. The court then makes a ruling, based on proof presented at the hearing, on the amount that should be paid for the property as fair compensation for the taking. After the court makes its ruling, the government is required to deposit the appraised value with the court and take possession of the property. The owner can then collect the funds from the court, minus legal costs and fees. While the process can be lengthy and expensive, it is important to ensure that the owner is adequately compensated for the property taken through eminent domain.
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