Township of Dennis, NJ Eminent Domain

The Township of Dennis, its political subdivisions including the Board of Education of the Township of Dennis be and the same are hereby prohibited from taking private property for any purpose except by strictly following the procedures of this chapter.

Prior to instituting any eminent domain proceedings, the municipality and/or its subdivisions, including the Board of Education, shall first attempt to purchase the property from the property owner for a fair and just compensation which compensation shall be set by having the property independently appraised by a certified appraiser of the State of New Jersey with at least 20 years of experience in appraising property values and who shall appraise the property for its value at its highest and best use.

The township must first, after a public hearing, declare a pubic emergency for the need for the property on notice to the property owner affording that property owner with the unlimited right to address the Governing Body and present any arguments the property owner deems to be relevant prior to the public hearing.

At the conclusion of the public hearing, the Governing Body must unanimously approve and declare the public emergency necessitating the use of eminent domain.

Any political subdivision of the Township of Dennis including the Board of Education must apply to the Township Committee for the Township Committee to have the hearing for the Township Committee to unanimously approve the use of eminent domain.

Unless and until the Governing Body has the public hearing as set forth above and unanimously approves the declaration of emergency requiring the use of eminent domain, no property can be taken by eminent domain.

In addition to offering the property owner fair and just compensation for their property at its highest and best use, the township shall inventory all existing property the township owns and notify the property owner that an in-kind trade of property could be an option for the property owner.

In any portion, clause, phrase, sentence or paragraph of this chapter shall be deemed illegal, unconstitutional or unlawful, then only that portion of this chapter shall be invalid and the remainder shall be in full force and effect.

Any member of this Governing Body who shall violate or participate in the violation of this chapter shall be deemed to forfeit their office and shall be deemed to forfeit any rights they have as a member of the public employees' retirement system.