20:3-17. Possession of property and declaration of taking

285 words·~1 min read·/nj/title-20/chapter-3/20-3-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.