Can the government take only part of a property?

Yes. “Property” includes any interest in land, not only an entire parcel. When part of a property is taken, the owner is entitled to compensation for what was taken plus damages, if any, to the remaining property.

If an owner rejects the written offer, does that end the chance of being paid?

No. Rejecting the offer (or not accepting it within the stated period, which must be at least 14 days) only shows that negotiations failed so a condemnation case may be filed. Compensation is then decided by commissioners or, on appeal, by the court.

Who pays the condemnation commissioners?

The condemnor. The court fixes reasonable fees, costs and expenses of the commissioners, and those amounts are paid by the taking agency.

Is escheat the same as eminent domain?

No. Eminent domain is a taking for a public purpose with just compensation. Escheat is property passing to the state when an owner dies with no will and no heirs. PSI lists both under government rights in land.

Eminent Domain in NJ: How Condemnation Works for Property Owners

Q: Can an owner ask for a jury after the commissioners’ award?

Yes, on appeal. The appeal is a trial de novo without a jury unless a jury is demanded. The commissioners’ dollar figure is not shown to that later fact-finder.

The short answer: Eminent domain is the government's power to take private property for a public purpose. New Jersey's Constitution says private property shall not be taken for public use without just compensation (N.J. Const. art. I, para. 20). Condemnation is the court process used to exercise that power. The procedure is in the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq. Before a complaint is filed, the taking agency generally must try bona fide negotiations, including a written offer served by certified mail that is not less than its approved appraisal (N.J.S.A. 20:3-6).

Exam one-liners live on land use controls on the NJ exam and look-alike terms. This page is the process explainer.

General information, not legal advice. A threatened taking belongs with the owner's New Jersey attorney.

What do "eminent domain" and "condemnation" mean?

The Act defines the vocabulary (N.J.S.A. 20:3-2): condemn means to take private property for a public purpose; the condemnor is the entity doing the taking; the condemnee owns an interest in what is taken; compensation is the just compensation that must be paid; and property includes land, interests in land and essential fixtures. "Eminent domain" is the power. "Condemnation" is the lawsuit and valuation process. Blurring those two words costs easy exam points.

What does the NJ Constitution require?

Two ideas travel together: the taking must be for public use, and the owner must receive just compensation (N.J. Const. art. I, para. 20). The written offer later in the process may not be less than the taking agency's approved appraisal of fair market value (N.J.S.A. 20:3-6). If only part of a property is taken, the owner is also entitled to damages, if any, to the remainder (N.J.S.A. 20:3-29). Dollar-by-dollar valuation belongs with appraisers and condemnation counsel.

Zoning, taxes and escheat are different powers. A common memory hook is PETE: police power, eminent domain, taxation and escheat. Zoning is police power—the owner keeps the land, subject to use rules. More: land use controls.

What must happen before a condemnation complaint is filed?

No condemnation action may be started unless the condemnor cannot acquire the property through bona fide negotiations (N.J.S.A. 20:3-6). Those negotiations must include:

An appraisal of the property, with the owner given a chance to accompany the appraiser during the inspection
A written offer to the record title holder that describes the property and interest to be acquired, the compensation offered, and a reasonable explanation of how that amount was calculated
Service of that offer by certified mail
An offer that is not less than the taking agency's approved appraisal of fair market value
At least 14 days from mailing for the owner to accept (the offer may allow longer, but not less)

If the owner rejects the offer or does not accept it within that period, that is conclusive proof that negotiations could not produce an agreement. The court may skip negotiations when the title holder is unknown, lives out of state, or other good cause exists. Neither the offer nor a refusal is admissible later as evidence of value (N.J.S.A. 20:3-6). If an agency asks to walk the property "just to look," suggest the owner talk to counsel; that inspection right is part of a formal process.

How do commissioners decide compensation?

The case is filed in Superior Court. After the court determines that the condemnor is authorized and has properly exercised the power, it appoints three commissioners to fix the compensation (N.J.S.A. 20:3-12). The parties may instead stipulate to skip commissioners and go straight to a court trial.

Step	What happens	Statute
1. Appraisal and written offer	Owner may accompany the appraiser; offer by certified mail, at least the approved appraisal, 14+ days to respond	20:3-6
2. Complaint in Superior Court	Filed if negotiations fail	20:3-6, 20:3-2
3. Three commissioners	County residents (the lawyer-commissioner may practice in the county); one must be a New Jersey attorney admitted at least 10 years	20:3-12(b)
4. Hearing	At least 10 days' notice; comparable-sales lists exchanged 15 days prior; condemnor goes first	20:3-12(c)–(e)
5. Award	Filed within about four months (that timing is directory, not a hard expiration)	20:3-12(g)

Commissioners may inspect the property and, if a party asks, two of that party's comparable sales. Their reasonable fees are paid by the condemnor, not by the owner (N.J.S.A. 20:3-12(f), (i)). If no one appeals, the award becomes a final judgment; if it is not paid within 60 days, execution may issue (20:3-12(h)).

What if the owner disagrees with the award?

A party who appeared at the commissioners' hearings may appeal. The appeal is a trial de novo—a fresh hearing—without a jury unless a jury is demanded. The commissioners' award is not admitted as evidence (N.J.S.A. 20:3-13). After payment of the judgment (or payment into court), the condemnor may take possession even if further proceedings continue.

Redevelopment projects can involve additional statutes beyond Chapter 20; that overlay is for condemnation counsel. If a client asks you to interpret a taking notice or predict what the property is "really worth" to the agency, recommend an attorney (where NJ agents must stop).

Government rights in land are part of NJ pre-licensing. Business Elementary's 75-hour pre-licensing course covers eminent domain alongside zoning, taxes and private restrictions.

Sources

N.J. Const. art. I, para. 20: https://www.njleg.state.nj.us/constitution
N.J.S.A. 20:3-1 (short title, Eminent Domain Act of 1971): https://law.justia.com/codes/new-jersey/title-20/section-20-3-1/
N.J.S.A. 20:3-2 (definitions): https://law.justia.com/codes/new-jersey/title-20/section-20-3-2/
N.J.S.A. 20:3-6 (bona fide negotiations and written offer): https://law.justia.com/codes/new-jersey/title-20/section-20-3-6/
N.J.S.A. 20:3-12 (commissioners and hearings): https://law.justia.com/codes/new-jersey/title-20/section-20-3-12/
N.J.S.A. 20:3-13 (appeal; trial de novo): https://law.justia.com/codes/new-jersey/title-20/section-20-3-13/
N.J.S.A. 20:3-29 (compensation and damages to remaining property): https://law.justia.com/codes/new-jersey/title-20/section-20-3-29/
PSI candidate bulletin (government rights in land: eminent domain, condemnation and escheat): https://test-takers.psiexams.com/api/content/bulletin/1667

Last reviewed: November 8, 2026