N.J. Admin. Code § 16:65-4.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:65-4.15 - Petitions for authority to exercise power of eminent domain

(a) Pursuant to 48:12-35.1, no transportation utility, including an interstate or freight railroad may, without the approval of the Commissioner, exercise the power of eminent domain and take, acquire, or condemn any property or other interest therein.

(b) Petitions for approval to exercise the power of eminent domain and acquire property by condemnation shall conform to the requirements of 16:65-3.1 and 4.1 to the extent applicable, and shall contain the following:

1. The names and addresses if known, of the owners of the property or of any persons having an interest in the property, with a description of the property interest of each owner or person;

2. The names of any owner or person whose whereabouts or address is unknown;

3. A map or plot plan, and a metes and bounds description of the property;

4. A brief description of the improvements on the property, if any, and the present and potential character and uses of the property;

5. A verified statement by an officer or agent of the utility that the property is reasonably necessary for the service, accommodation, convenience and safety of the public, and that the taking of the property is not incompatible with the public interest, and would not unduly injure the owners of private property;

6. A copy of the offer letter and an appraisal of the property;

7. A statement of the reasons why the property cannot be purchased by negotiation; and

8. When the utility, after diligent search, is unable to determine the name and address of the owner of the property or of any person having an interest therein, the utility shall state such facts in an affidavit of inquiry prepared in the manner as provided in the New Jersey Court Rules, R. 4:4-5.

(c) When the utility, after diligent search, is unable to determine the names and address of any person having ownership or other interest in the property, the utility shall publish a notice of hearing, addressed to the person by name, or other appropriate designation if the name is unknown. The publication shall be made twice in consecutive calendar weeks, once in each week, in a newspaper published in the county where the property is situated, or if no newspaper is published in the county, then publication shall be made in a newspaper published in this State and circulated in that county. The second publication shall be made not less than 20 days prior to the hearing date. The publication shall contain a description of the property. Sworn proof of publication shall be filed with the Division at least five days prior to the hearing date.

N.J. Admin. Code § 16:65-4.15

Amended and recodified from 16:65-3.14 by 47 N.J.R. 1997(a), effective 8/3/2015