2009 New Jersey Code
TITLE 27 - HIGHWAYS
Section 27:7
27:7-22 - Acquisition of land;  condemnation;  procedure for immediate possession

27:7-22.  Acquisition of land;  condemnation;  procedure for immediate possession     The commissioner may acquire lands or rights therein whether for immediate or future use by gift, devise or purchase, or by condemnation in the manner provided in chapter 1 of the Title Eminent Domain (s. 20:1-1 et seq.), except as  otherwise provided by this section.

    Upon the institution of an action to fix the compensation to be paid, or at  any time thereafter, the department may file with the Clerk of the Superior  Court a declaration of taking, signed by the commissioner, or such employees of  the highway department as may be designated by him, declaring that the  possession of one or more of the tracts or parcels of property described in the  petition is thereby being taken by and for the use of the department.  The  declaration of taking shall be sufficient if it sets forth (1) a description of  each tract or parcel of property to be taken;  (2) a statement of the estate or  interest in the said property being taken;  and (3) a statement of the sum of  money estimated by the department to be just compensation for the taking.  Upon  the filing of said declaration, the department shall deposit with the Clerk of  the Superior Court the amount of the estimated compensation stated in said  declaration.

    Upon the filing of the declaration and the depositing with the Clerk of the  Superior Court the amount of the estimated compensation as stated in the declaration, the department, without other process or proceedings shall be entitled to the exclusive possession and use of each tract or parcel of property described in the declaration and may forthwith enter into and take possession of said property, it being the intent of this provision that the action to fix the compensation to be paid or any other proceeding relating to the taking of such property or entering therein shall not delay the taking of possession and the use thereof by the department for purposes authorized by this act.  The department shall not abandon any condemnation proceeding subsequent to the date upon which it has taken possession of the property as herein provided.

    The department shall cause notice of the filing of said declaration and the  making of said deposit to be served upon each party to the action to fix the  compensation to be paid, who resides in this State, either personally or by  leaving a copy hereof at his residence, and upon each such party who resides  out of the State by mailing thereof to him at his residence if known. In the  event that the residence of any such party or the name of such party is  unknown, such notice shall be published at least once in the newspaper published or circulating in the county or counties in which the property is located.  Such service, mailing or publishing shall be made within 20 days after the filing the declaration.  Upon the application of any party in interest and after notice to other parties in interest, including the department and the Director of the Division of Taxation, Department of the Treasury, the Superior Court may direct that the money deposited with the Clerk  of the Superior Court or any part thereof to be paid forthwith, without deduction of any fees or commissions, to the person or persons entitled thereto  for or on account of the just compensation to be awarded in such action;   provided, that each person shall have filed with the Clerk of the Superior  Court a consent in writing that, in the event the award in the action shall be  less than the amount deposited, the court, after such notice as the court  prescribes and a hearing, may determine the liability, if any, for the return  of such difference or any part thereof and enter judgment therefor.

    If the amount of the award as finally determined by the court shall exceed the amount so deposited, the person or persons to whom the award is payable shall be entitled to recover from the department the difference between the amount of the deposit and the amount of the award, with interest at the rate of  6% per annum thereon from the date of the making of the deposit.  If the amount  of the award shall be less than the amount so deposited, the Clerk of the  Superior Court shall return the difference between the amount of the award and  the deposit to the department unless the amount of the deposit or any part  thereof shall have theretofore been distributed, in which event the court, upon  application of the department and notice to all parties interested in the award  and affording them an opportunity to be heard, shall enter judgment in favor of  the department for such difference against the party or parties liable for the  return thereof.

     Amended by L.1965, c. 79, s. 1;  L.1966, c. 155, s. 1, eff. June 18, 1966.