RULE 4:73. Condemnation; Appeals From Assessments

4:73-1. Complaint

An action in condemnation shall be brought in the Superior Court in a summary manner pursuant to R. 4:67. The complaint shall include a statement showing the amount of compensation offered by the condemnor and a reasonable disclosure of the manner in which the amount has been calculated. Unless the court for good cause orders otherwise, reasonable disclosure by the condemnor shall include furnishing the condemnee with the map and a description of land to be acquired and identity of improvements to be acquired, if any; a statement of the full fair market value including a description of the appraisal valuation method or methods relied upon as well as a breakdown of the appraised value allocated to the land to be acquired, and improvements to be acquired, if any; and data concerning comparable sales or leases relied upon in determining the amount of compensation offered which shall include names of seller and purchaser or landlord and tenant, location of property by block, lot, street, street number, and municipality, date of sale or date and duration of lease, the consideration for the sale or amount of rent, and book and page number of the recording of the deed; and any unusual factors known to the condemnor which may affect value.

Note: Source-R.R. 4:92-1. Amended July 14, 1972 to be effective September 5, 1972; amended November 1, 1985 to be effective January 2, 1986.

4:73-2. Parties; Trial of Dispute as to Title

Note: Source-R.R. 4:92-2. Amended July 14, 1972 to be effective September 5, 1972.

4:73-3. Service of Process

Note: Source-R.R. 4:92-3(a) (b) (c). Paragraph (c) adopted July 14, 1972 to be effective September 5, 1972; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended June 28, 1996 to be effective September 1, 1996.

4:73-4. Report of Commissioners; Service

Upon the appointment of the commissioners, the presiding commissioner shall fix a hearing date and shall cause the commissioner's report to be filed within 4 months next following their appointment, unless the court shall extend the time. If the report is not filed within the time so limited and no proper reason appears, the court may discharge the commissioners or any of them and appoint a substitute commissioner or commissioners. The commissioners upon filing their report shall serve a copy upon the plaintiff, upon each person in possession of the property and upon each party having an interest therein who appeared before them.

Note: Source-R.R. 4:92-4. Amended July 14, 1972 to be effective September 5, 1972.

4:73-5. Fees and Costs

On the motion of any party, including the commissioners, the court may, in its discretion, on proper showing, allow such fees, expenses and costs of the commissioners as it deems adequate, to be paid by plaintiff.

Note: Source-R.R. 4:92-5.

4:73-6. Appeal From Report of Commissioners

Note: Source-R.R. 4:92-6(a) (b) (c); paragraph (a) caption and text amended and paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended July 13, 1994 to be effective September 1, 1994.

4:73-7. Jury; View of Property

If a jury is demanded, the appeal shall be tried by a jury drawn from the general panel. The court may permit the jury to view the land and property to be taken depending on the circumstances of the case.

Note: Source R.R. 4:92-7. Amended July 7, 1971 effective September 13, 1971; amended July 19, 2012 to be effective September 4, 2012.

4:73-8. Costs on Appeal

Costs of the appeal shall be taxed against the plaintiff-condemnor in all cases except those in which the appeal is brought by the defendant-condemnee and the judgment is for the same or a lesser sum than that awarded by the commissioners.

Note: Source-R.R. 4:92-8.

4:73-9. Payment Into Court; Disputes as to Allocation; Withdrawal; Review

Note: Source-R.R. 4:92-10, 4:92-11. Paragraph (a) amended and (b) (c) and (d) adopted July 14, 1972 to be effective September 5, 1972. Paragraphs (a) and (d) amended November 27, 1974 to be effective April 1, 1975; paragraph (d) amended July 16, 1981 to be effective September 14, 1981.

4:73-10. Appeals From Assessments for Improvements and Awards of Damages

Appeals from an assessment for improvements and an award for damages incidental to improvements and appeals from an award of damages for taking property useful or necessary for the making of an improvement, shall be taken by filing a notice of appeal in the Superior Court. The matter shall be brought on by instituting a summary action and all such appeals as to the same improvements shall be consolidated. The action shall be tried with a jury if demanded as provided by R. 4:73-7. Applications under any statute for confirmation of an assessment or award not appealed from shall be brought on by instituting a summary action.

Note: Source-R.R. 4:92-12.

4:73-11. Pretrial Discovery, Exchange of Experts' Reports, Comparable Sales and Leases; Expert Testimony

Note: Source-R.R. 4:92-13. Paragraph (a) amended and paragraphs (b) and (c) adopted July 14, 1972 to be effective September 5, 1972; paragraph (c) amended July 21, 1980 to be effective September 8, 1980; caption and paragraph (b) amended and paragraph (c) deleted July 15, 1982 to be effective September 13, 1982; caption, paragraph (a) and paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994.