What is the eminent domain process?

The eminent domain process in New Jersey is a legal process under which government and certain entities can take private property for public use. It generally only applies in certain cases, such as for government projects or redevelopment initiatives. The process begins when the entity wishing to take land meets with the property owner and attempts to negotiate a voluntary sale of the property. If both parties cannot agree on a sale, the entity can initiate the eminent domain process by filing a “condemnation petition” in the county court. The court will then review the petition to decide whether it is justified and necessary. If so, the court will order the taking of the land and appoint a Special Master to conduct an appraisal and to determine a fair market value for the land. The Special Master’s report is then presented in court and the parties can either agree on the amount or the court can make a final determination. Once the value is established, the property owner can either accept the amount or challenge it by appealing to the local appellate court. The property owner is then entitled to receive the appraised amount of money in exchange for the property. The property is then transferred to the taking entity, who can use it for the public purpose that justified the taking in the first place.

Related FAQs

How does the government determine the public use of a taking?
What is the difference between a legislative taking and an administrative taking?
What is the difference between a public use and a public necessity?
How do I file an objection to an eminent domain taking?
Can the government take my property?
How does eminent domain work?
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Who has the power of eminent domain?
Can I prevent my property from being taken?
How are the eminent domain laws different in each state?

What is the eminent domain process?

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