New Jersey Statutes

N.J. Stat. § 20:3-2 (2026)

Definitions

✓ current as of May 2026

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When used in this act, unless the context or subject matter otherwise requires, the following words shall have the meanings ascribed to them under this section:

(a) "Condemn" means to take private property for a public purpose under the power of eminent domain;

(b) "Condemnor" means the entity, public or private, including the State of New Jersey, which is condemning private property for a public purpose under the power of eminent domain;

(c) "Condemnee" means the owner of an interest in the private property being condemned for a public purpose under the power of eminent domain;

(d) "Property" means land, or any interest in land, and (1) any building, structure or other improvement imbedded or affixed to land, and any article so affixed or attached to such building, structure or improvement as to be an essential and integral part thereof, (2) any article affixed or attached to such property in such manner that it cannot be removed without material injury to itself or to the property, (3) any article so designed, constructed, or specially adapted to the purpose for which such property is used that (a) it is an essential accessory or part of such property; (b) it is not capable of use elsewhere; and (c) would lose substantially all its value if removed from such property;

(e) "Court" means Superior Court of New Jersey;

(f) "Rules" means the applicable rules governing the courts of the State of New Jersey as promulgated from time to time by the Supreme Court of New Jersey;

(g) "Action" means the legal proceeding in which

(1) property is being condemned or required to be condemned;

(2) the amount of compensation to be paid for such condemnation is being fixed;

(3) the persons entitled to such compensation and their interests therein are being determined; and

(4) all other matters incidental to or arising therefrom are being adjudicated.

(h) "Compensation" means the just compensation which the condemnor is required to pay and the condemnee is entitled to receive according to law as the result of the condemnation of property;

(i) "Award" means the award of compensation made by the commissioners provided for herein;

(j) "Judgment" means the adjudication by the court of any issue of fact or law, or both, arising under this act. The adjudication of the right to condemn shall be a final judgment. All other judgments shall be interlocutory or final, according to law, or as may be prescribed by the rules;

(k) "Recording office" means the county office of each county in which the property being condemned, or any part thereof, is located, in which office conveyances of real property may be recorded;

(l) "Days" means calendar days, calculated in accordance with the rules of court;

(m) "Public utility" means and includes every public utility, as the same are enumerated in Revised Statutes 48:2-13, and every natural gas pipeline utility as defined in P.L.1952, chapter 166 (C. 48:10-2 et seq.) vested with the power of eminent domain and subject to regulation under State or Federal law.

(n) Words used in the singular shall include the plural and vice versa. Words used in the neuter gender shall include masculine and feminine gender, as the case may be.

Notes of Decisions

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NJ Sports & Exposition Auth. v. E. RUTHERFORD, 348 A.2d 825 (N.J. Super. Ct. App. Div. 1975). · cites it 2× “Section 20:3-2(d) provides: (d) "Property" means land, or any interest in land, and (1) any building, structure or other improvement imbedded or affixed to land, and any article so affixed or attached to such building structure or improvement as to be an essential and integral…”

Orsett/Columbia Ltd. P'ship v. Superior Court, 83 P.3d 608 (Ariz. Ct. App. 2004). “See N.J. Stat. Ann. § 20:3-2 (d) (2003); (" 'Property' means land, or any interest in land, and any building____”); N.”

City of Burlington Vs. John C. Hall (l-2710-17, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). · cites it 2× “20:3-8, N.J.S.A. 20:3-2(j), and appoints "three commissioners to determine the compensation to be paid by reason of the exercise of such power.”

North Hudson Sewerage Auth., Etc. Vs. Hartz Mountain Indus. (l-1722-14, Hudson Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2018). “40A:12-4(a) provides: Any county or municipality may acquire: Any real property, capital improvement, personal property or any interest or estate whatsoever therein, including easements, water, water power, or water rights, either within or without the county or municipality,…”

Twp. of Montclair Vs. Frank Cerino (l-4479-15, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “, 177 N.J. 2, 16 (2003). Under N.J.S.A. 20:3-2(j), "judgment" means "the adjudication by the court of any issue of fact or law, or both, arising under this A-2531-18T3 5 act.”

Twp. of Jackson, Etc. v. Getzel Bee, LLC (N.J. Super. Ct. App. Div. 2025). “They posit: (1) the Township lacks a proper public purpose to acquire Lots 84 and 90 through eminent domain as required by N.J.S.A. 20:3-2 and N.J.S.A. 20:3-6; (2) the trial court's decision in White Road does not preclude them from challenging the Township's eminent-domain…”

State of New Jersey, Etc. v. 2.150-Acres of Land in the Borough of Point Pleasant Beach (N.J. Super. Ct. App. Div. 2025). “N.J.S.A. 20:3-2(d) (emphasis added). "An easement constitutes an interest in land, and the owner must be compensated" for its value.”

— N.J. Stat. § 20:3-2(d) — 4 cases

NJ Sports & Exposition Auth. v. E. RUTHERFORD, 348 A.2d 825 (N.J. Super. Ct. App. Div. 1975). “Section 20:3-2(d) provides: (d) "Property" means land, or any interest in land, and (1) any building, structure or other improvement imbedded or affixed to land, and any article so affixed or attached to such building structure or improvement as to be an essential and integral…”

— N.J. Stat. § 20:3-2(j) — 2 cases

City of Burlington Vs. John C. Hall (l-2710-17, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “20:3-8, N.J.S.A. 20:3-2(j), and appoints "three commissioners to determine the compensation to be paid by reason of the exercise of such power.”

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