New Jersey § 13:17-34

§ 13:17-34.

(a) If for any of its authorized purposes (including temporary construction purposes)

the commission shall find it necessary or convenient to acquire any real property

within its jurisdiction, or if for any of its authorized purposes (including temporary

construction purposes) the commission shall find it necessary to acquire any real

property beyond its jurisdiction, whether for immediate or future use, the commission

may find and determine that such property, whether a fee simple absolute or a lesser

interest, is required for public use and, upon such determination, the said property

shall be deemed to be required for a public use until otherwise determined by the

commission; and the said determination shall not be affected by the fact that such

property has heretofore been taken for, or is then devoted to, a public use of any

municipality, county, school district, or other local or regional district, authority

or agency, but the public use in the hands or under the control of the commission

shall be deemed superior. (b) If the commission is unable to agree with the owner or owners thereof upon terms

for the acquisition of any such real property, for any reason whatsoever, then the

commission may acquire, and is hereby authorized to acquire, such property, whether

a fee simple absolute or a lesser interest, in the manner provided in chapter 1 of

Title 20 of the Revised Statutes 1 insofar as the provisions thereof are applicable and not inconsistent with the provisions

contained in this section. (c) The commission may join, in separate subdivisions of one petition or complaint,

the descriptions of any number of tracts or parcels of land or property to be condemned,

and the names of any number of owners and other parties who may have an interest therein

and all such land or property included in said petition or complaint may be condemned

in a single proceeding; provided, however, that separate awards be made for each

tract or parcel of land or property; and provided, further, that each of said tracts

or parcels of land or property lies wholly in or has a substantial part of its value

lying wholly within the same county. (d) When the commission by resolution determines that it requires immediate possession

or use of land or interest therein or other property, the commission shall file with

the clerk of the county in which such property is located and also with the Clerk

of the Superior Court a declaration of taking, signed by the commission, declaring

that possession of one or more of the tracts or parcels of land or property described

in the declaration is thereby being taken by and for the use of the commission. The said declaration of taking shall set forth (1) a description of each tract or

parcel of land or property to be so taken sufficient for the identification thereof

to which a plan or map thereof may be attached, (2) a statement of the estate or interest

in the land or property being taken and (3) a statement of the sum of money estimated

by the commission by resolution to be just compensation for the taking of the estate

or interest in each tract or parcel of land or property described in said declaration. Upon the filing by the commission of a declaration of taking of property as provided

in this section, the commission shall deposit with the Clerk of the Superior Court

the amount of the estimated compensation stated in said declaration. (e) Upon the filing by the commission of a declaration of taking of property as provided

in this act and the depositing with the Clerk of the Superior Court of the amount

of the estimated compensation stated in said declaration, the commission, without

other process or proceedings, shall be entitled to the exclusive possession and use

of each tract of land or property described in said declaration and may forthwith

enter into and take possession of said land or property, it being the intent of this

provision that an action to fix the compensation to be paid or any other proceeding

relating to the taking of said land or interest therein or other property shall not

delay the taking of possession thereof and the use thereof by the commission for the

purpose or purposes for which the commission is authorized by law to acquire or condemn

such land or property or interest therein. (f) The commission shall cause notice of the filing of a declaration of taking of

property as provided in this section and of the making of the deposit required by

this section with respect thereto to be served upon each party to the action to fix

the compensation to be paid who resides in the State, either personally or by leaving

a copy thereof at his residence if known, and upon each such party who resides out

of the State, by mailing a copy thereof to him at his residence if known. In the event that the residence of any such party or the name of any such party

is unknown, such notice shall be published at least once in a newspaper published

or circulating in the county or counties in which the property is located. Such service, mailing or publication shall be made within 30 days after filing such

declaration. (g) Upon the application of any party in interest and after notice to other parties

in interest, including the commission, the Superior Court may direct that the money

deposited with the Clerk of the Superior Court or any part thereof be paid forthwith

to the person or persons entitled thereto for or on account of the just compensation

to be awarded in such action, provided that each such person shall have filed with

the Clerk of the Superior Court a consent in writing that, in the event the award

in said action shall be less than the amount deposited, the court, after such notice

as the court prescribes and hearing, may determine liability, if any, for the return

of the difference or any part thereof and enter judgment therefor. If the amount of the award as finally determined shall exceed the amount so deposited,

the person or persons to whom the award is payable shall be entitled to recover from

the commission 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 making

the deposit. If the amount of the award shall be less than the amount deposited, the Clerk of

the Superior Court shall return the remainder of the deposit to the commission unless

the deposit or any part thereof shall have theretofore been distributed, in which

event the court, on application of the commission and notice to all persons interested

in the award shall afford them an opportunity to be heard and shall enter judgment

in favor of the commission for the difference against the party or parties liable

for the return thereof. (h) The commission shall not abandon any condemnation proceedings subsequent to the

date upon which it has taken possession of the land or property as provided in this

act. 1

N.J.S.A. § 20:1-1 et seq., repealed. See, now, N.J.S.A. § 20:3-1 et seq.