New Jersey § 13:8a-24

§ 13:8a-24.

Lands acquired by the State shall be acquired by the commissioner in the name of the

State. They may be acquired by purchase or otherwise on such terms and conditions as the

commissioner shall determine, or by the exercise of the power of eminent domain in

the manner provided in chapter 1 of Title 20 of the Revised Statutes, 1 except as otherwise provided by this act. This power of acquisition shall extend to lands held by any local unit. Upon the institution of an action to fix the compensation to be paid, or at any time

thereafter, the commissioner may file with the Clerk of the Superior Court a declaration

of taking, 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

State. 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 commissioner to be just compensation for the taking. Upon the filing of said declaration, the commissioner 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 of the amount of the estimated compensation as stated in the declaration, the

State, 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 State. The commissioner shall not abandon any condemnation proceeding subsequent to the

date upon which the State has taken possession of the property as herein provided. In the event that any party in possession fails to peaceably surrender the premises

condemned within 30 days after service upon him of the notice set forth below, then,

upon affidavit of the commissioner, a writ of possession shall issue forthwith from

the Clerk of the Superior Court. The commissioner 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 thereof

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

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

in interest, including the commissioner 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. In no event shall more than 75% of the money on deposit be paid unless the party

in possession shall have vacated the premises condemned. 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 State 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 commissioner unless the amount of the deposit or any part thereof

shall have thereto been distributed, in which event the court, upon application of

the commissioner and notice to all parties interested in the award and affording them

an opportunity to be heard, shall enter judgment in favor of the State for such difference

against the party or parties liable for the return thereof. 1

Repealed; see, now, chapter 3 of Title 20 (N.J.S.A. § 20:3-1 et seq.).