What is the standard of review for an eminent domain case?

In New Jersey, the standard of review for an eminent domain case is governed by the New Jersey Eminent Domain Act. This act outlines how all agencies, including local governments, have the right to acquire private property for public use if the acquisition is found to be necessary and reasonable. The standard of review for a case is determined by the courts. The courts use a deferential standard of review, meaning that they will generally accept the decision of the public agency when it comes to determining that an acquisition of a particular property is necessary and reasonable. The courts will only question the decision of the public agency if clear and convincing evidence is presented that the decision was arbitrary or capricious. If the court determines that the public agency’s decision was arbitrary or capricious, it can determine that the public agency abused its discretion, and the court can reverse the decision. In such cases, the court can order the public agency to provide just compensation to the property owner. In addition, in order for the public agency to acquire a property, the court must also determine that the acquisition is in the public interest. In summary, the standard of review in an eminent domain case in New Jersey is the deferential standard. The court will generally accept the decision of the public agency unless clear and convincing evidence is presented that the decision was arbitrary and capricious. If that is the case, then the court can reverse the decision and order the public entity to provide just compensation for the property.

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What is the standard of review for an eminent domain case?

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