20:3-17. Possession of property and declaration of taking
At any time contemporaneous with or after the institution of an action and service of process, the condemnor may file in the action, when empowered to do so by law, and if so filed, shall also file in the recording office, a declaration of taking, duly executed by an executive official of the condemnor, in form and content specified by the rules, including the following:
(a) a statement that possession of all or some part of the property being condemned is thereby being taken by the condemnor;
(b) a specific reference to the statute, article and section thereof, under which the action and declaration of taking is authorized;
(c) a description and plot plan of the property being condemned, and, if not the entire property, the portion thereof of which possession is being taken, sufficient for identification thereof, specifying the municipality or municipalities in which the same is located; the street number of the property, if any; the lot and block number of the property as designated upon the current assessment map, if any. In case of a partial taking, the information above specified shall include the entire property of the condemnee, and the portion thereof being taken;
(d) the names and addresses of all condemnees known to the condemnor after reasonable investigation, and the nature of their interests in the property;
(e) a statement of the estate or interest therein being condemned;
(f) a statement of the sum of money estimated by the condemnor to be just compensation for the taking, which sum shall be not less than the amount of the offer, in writing, provided for in section 6 hereof.
(g) Any other matter required by the rules.
L.1971, c. 361, s. 17.
Structure New Jersey Revised Statutes
Section 20:3-4 - Effective date
Section 20:3-6 - Application of act
Section 20:3-7 - Procedure in actions
Section 20:3-8 - Commencement of action
Section 20:3-11 - Denial of authority to condemn
Section 20:3-12 - Appointment of commissioners and hearings
Section 20:3-14 - Agreement as to compensation
Section 20:3-16 - Preliminary entry
Section 20:3-17 - Possession of property and declaration of taking
Section 20:3-18 - Deposit of estimated compensation
Section 20:3-19 - Right to possession and vesting of title
Section 20:3-20 - Nature of title condemned
Section 20:3-21 - Date of vesting of title
Section 20:3-22 - Appeal not to affect right to possession and vesting of title
Section 20:3-23 - Withdrawal of funds
Section 20:3-24 - Revesting of title and restoration of possession
Section 20:3-25 - Compelling condemnor to file declaration of taking
Section 20:3-26 - Owner reimbursement by condemnor
Section 20:3-27 - Deposit and withdrawal of funds not prejudicial
Section 20:3-28 - Fees of clerk of the court
Section 20:3-29 - Compensation
Section 20:3-29.1 - Compensation for loss of income
Section 20:3-30 - Determination date of just compensation
Section 20:3-31 - Payment of interest
Section 20:3-32 - Disputes as to interest
Section 20:3-33 - Possession by individuals or private corporations
Section 20:3-34 - Deposit of funds where ownership in dispute
Section 20:3-35 - Abandonment of proceedings
Section 20:3-36 - Method of abandonment
Section 20:3-37 - Uneconomic remnants
Section 20:3-38 - Blighted areas
Section 20:3-39 - Housing authority or redevelopment agency; declaration of taking
Section 20:3-40 - Acquisitions by State colleges; declaration of taking
Section 20:3-41 - Lands etc. needed for defense or for airports; declaration of taking
Section 20:3-42 - Recovery of taxes or other municipal liens or charges
Section 20:3-43 - Right of owner to recover amount awarded; lien
Section 20:3-44 - Payment of amount of judgment on appeal; right to possession; lien, other remedies
Section 20:3-48 - Reference to prior law as reference to this act
Section 20:3-49 - Repeal of chapter 1 of Title 20 and P.L.1942, chapter 14
Section 20:4-2 - Declaration of policy
Section 20:4-4 - Moving and related expenses
Section 20:4-4.1a - Revolving relocation assistance fund
Section 20:4-4.2 - Unpaid balance; recovery by public agency in civil action; persons liable
Section 20:4-4.3 - Rights and remedies cumulative and concurrent
Section 20:4-5 - Replacement housing for homeowners
Section 20:4-6 - Replacement housing for tenants and certain others
Section 20:4-6.1 - Relocation payments to persons displaced by government programs
Section 20:4-7 - Relocation assistance advisory programs
Section 20:4-8 - Assurance of availability of standard housing
Section 20:4-9 - Provision of standard housing when sale or rental housing unavailable
Section 20:4-10 - Authority of the commissioner
Section 20:4-11 - Administration
Section 20:4-12 - Fund availability
Section 20:4-13 - State participation in cost of local relocation payments and services
Section 20:4-14 - Displacement by code enforcement or voluntary rehabilitation
Section 20:4-15 - Payments not to be considered as income or resources
Section 20:4-16 - Payment under state law of eminent domain not payment under this act
Section 20:4-18 - Payments under this act additional to awards in condemnation awards
Section 20:4-19 - Appeal procedure
Section 20:4-20 - Severability