New Jersey Revised Statutes
Title 20 - Eminent Domain
Section 20:3-26 - Owner reimbursement by condemnor

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

New Jersey Revised Statutes

Title 20 - Eminent Domain

Section 20:1-3.11 - Acquisition of land by the Director of the Division of Purchase and Property or the board of trustees of a State college

Section 20:3-1 - Short title

Section 20:3-2 - Definitions

Section 20:3-3 - Severability

Section 20:3-4 - Effective date

Section 20:3-5 - Jurisdiction

Section 20:3-6 - Application of act

Section 20:3-7 - Procedure in actions

Section 20:3-8 - Commencement of action

Section 20:3-9 - Process

Section 20:3-10 - Lis pendens

Section 20:3-11 - Denial of authority to condemn

Section 20:3-12 - Appointment of commissioners and hearings

Section 20:3-13 - Appeal

Section 20:3-14 - Agreement as to compensation

Section 20:3-15 - Exclusion

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 20:3-45 - Condemnation of public utility property by municipality; after acquired property and improvements

Section 20:3-46 - Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks

Section 20:3-47 - Improvement with payment for property taken by assessments against improvement; election to proceed under separate statute

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 20:3-50 - Repeal of inconsistent acts; application of act to agencies, utilities, etc. with power of eminent domain

Section 20:4-1 - Short title

Section 20:4-2 - Declaration of policy

Section 20:4-3 - Definitions

Section 20:4-3.1 - Displacement of tenant from multiple dwelling by fire or other emergency; eligibility for relocation assistance

Section 20:4-4 - Moving and related expenses

Section 20:4-4.1 - Displacement by housing or construction code enforcement where owner liable for penalties; payment of relocation costs; lien; enforcement; appeal

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 20:4-17 - Loans for costs in planning and in obtaining financing for housing for displaced persons

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

Section 20:4-21 - Repeal of inconsistent acts

Section 20:4-22 - State department of transportation; inapplicability of act; supplemental program; consultation with commissioner of department of community affairs