What is the process for determining the public use of my property?

The process for determining the public use of your property in New Jersey under eminent domain law is quite involved. Generally, the state or an official state agency must determine that it is necessary to take the property for a public purpose. This means that the property must be used or disposed of in a way that serves the public interest, such as for building roads, schools, public utilities, or other public improvements. The state must then make an offer to buy the property at fair market value. This offer must be made in writing and must include an appraisal of the property value. The property in question must also be identified in the offer, and the amount of compensation must be clearly stated. If an agreement can’t be reached, the state may file a lawsuit in court. This suit will determine the fair market value of the property and whether the public has a valid need for it. If the court determines that the property is necessary for public use and that the compensation offered to the owner is fair, it can grant the state the power to take possession of the land. The original owner will then receive the agreed upon amount of compensation and the property will become public.

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What is the process for determining the public use of my property?

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