40:12-4.Ā  Acquisition of property;Ā  authorization;Ā  condemnation
If such board or body by resolution authorizes the acquisition of such landsĀ  and appropriates a sum for the purchase and equipment thereof, or authorizesĀ  the leasing thereof and appropriates a sum for the equipment thereof, the boardĀ  shall proceed to acquire the same by purchase, condemnation or lease, as theĀ  case may be, and suitably prepare and equip the same for a playground andĀ  recreation place, or approach thereto.

If the board is unable to agree with the owner or owners as to the price andĀ  terms of purchase, or if, by reason of any legal disability, or the absence ofĀ  any owner or owners thereof, or for any other cause, an agreement for theĀ  purchase of such lands or any part thereof, or any rights or interests thereinĀ  cannot be made, the board may cause such lands or any rights or interestsĀ  therein to be condemned and taken on behalf of such municipality or county, andĀ  the compensation to be made therefor shall be ascertained and paid or tenderedĀ  in the manner provided in chapter 1 of the title Eminent Domain (s. 20:1-1 etĀ  seq.).

The board may cause any lands so acquired to be laid out and improved as a public playground, recreation place or an approach thereto.

The title to all lands acquired or taken under the provisions of sections 40:12-1 to 40:12-8 of this title shall vest in the municipality or county, and all leases of land for such purpose shall be in the name of the municipality orĀ  county, as the case may be.
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