20:3-26. Owner reimbursement by condemnor
a. The condemnor, as soon as practicable after the date of payment of the acquisition price or the date of deposit in court of funds to satisfy the award of compensation, whichever is earlier, shall reimburse the owner for actual expenses he necessarily incurred for
(1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the condemnor; and
(2) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the condemnor, or the effective date of possession of such real property by the condemnor, whichever is earlier; and
(3) Penalty costs for prepayment of any mortgage entered into in good faith encumbering real property if the mortgage is on record or has been filed for record as provided by law on the date of approval by the taking agency of the location of the project. As used in this subsection "taking agency" means an "agency" as defined under section 3 of P.L.1972, c.47 (C.27:7-74).
b. If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property, such sum as will reimburse such owner for his reasonable costs, disbursements and expenses actually incurred, including reasonable attorney, appraisal, and engineering fees.
c. When a plaintiff shall have brought an action to compel condemnation against a defendant having the power to condemn, the court or representative of the defendant in case of settlement shall, in its discretion, award such plaintiff his reasonable costs, disbursements, and expenses, including reasonable appraisal, attorney and engineering fees actually incurred regardless of whether the action is terminated by judgment or amicable agreement of the parties.
L. 1971, c. 361, s. 26; amended 1989,c.50,s.13.
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