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Current as of January 01, 2024 | Updated by Findlaw Staff
With respect to any eminent domain proceeding carried out under section 37 of P.L.1996, c. 62 (C.55:19-56), the fair market value of the property shall be established on the basis of an analysis which determines independently:
a. the cost to rehabilitate and reuse the property for such purpose as is appropriate under existing planning and zoning regulations governing its reuse or to demolish the existing property and construct a new building on the site, including all costs ancillary to rehabilitation such as, but not limited to, marketing and legal costs;
b. the realistic market value of the reused property after rehabilitation or new construction, taking into account the market conditions particular to the neighborhood or subarea of the municipality in which the property is located; and
c. the extent to which the cost exceeds or does not exceed the market value after rehabilitation, or demolition and new construction, and the extent to which any “as is” value of the property prior to rehabilitation can be added to the cost of rehabilitation or demolition and new construction without the resulting combined cost exceeding the market value as separately determined. If the appraisal finds that the cost of rehabilitation or demolition and new construction, as appropriate, exceeds the realistic market value after rehabilitation or demolition and new construction, there shall be a rebuttable presumption in all proceedings under this subsection that the fair market value of the abandoned property is zero, and that no compensation is due the owner.
Cite this article: FindLaw.com - New Jersey Statutes Title 55. Tenement Houses and Public Housing 55 § 19-102 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-55-tenement-houses-and-public-housing/nj-st-sect-55-19-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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