State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-14b > 40-14b-34

40:14B-34.  Eminent domain
    Every municipal authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or devise and to take for public use real property, within or without the district, which may be deemed by the municipal authority necessary for its purposes, including public lands, waters, parks, roads, playgrounds, reservations and public or private rights in waters within or without the district, and any property within or without the district owned by or in which any county, municipality or political  subdivision of the State, or public body or agency of such political  subdivision, has any right, title or interest. Such municipal authority is  hereby empowered to acquire and take such real property, including any such  public property or such public interests therein, by condemnation, in the  manner provided in P.L.1971, c. 361 (C. 20:3-1 et seq.) and, to that end, may  invoke and exercise in the manner or mode of procedure prescribed in said  chapter, either in its own name or in the name of any local unit or units, all  of the powers of such local unit or units to acquire or take property for  public use;  provided, however, that, notwithstanding the foregoing or any  other provision of this act, no municipal authority shall acquire or take, by  condemnation, any real property owned by the State or in which the State has  any right, title or interest or real property in use as part of any system of  water supply or distribution actually serving 50 or more parcels of real  property or real property owned by a municipal or county government or any  agency thereof which is utilized as part of a utility system thereby;  and  provided, further, that, notwithstanding the foregoing or any other provision  of this act, no municipal authority shall acquire or take, by condemnation, any real property situate without the district owned or occupied by any county, municipality or other political subdivision of the State, except rights-of-way  or easements for the location, construction, maintenance, renewal, relocation  and removal of collecting, distribution and transmission pipes, mains,  conduits, manholes, gatehouses, appurtenances and other like facilities, and  for access thereto.

     L.1957, c. 183, p. 661, s. 34, eff. Aug. 22, 1957.  Amended by L.1977, c. 384, s. 12, eff. Feb. 10, 1978.