New Jersey § 58:22-13

§ 58:22-13.

Whenever the power of condemnation is exercised by the department pursuant to this

act, the provisions of chapter 1 of Title 20 (Eminent Domain) of the Revised Statutes,

as amended and supplemented, 1 shall be applicable and such power of condemnation shall include the condemnation

of public as well as privately owned property, except as otherwise provided by this

act. 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 department, declaring that the possession of 1 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 thereof

at his residence, and upon each such party who resides out of the State by mailing

copy thereof to him at his residence. 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 10 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 department, 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 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. 1

Repealed; see, now, N.J.S.A. § 20:3-1 et seq.