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   Right of Way


Acquisition


When the New Jersey Department of Transportation (NJDOT) needs to acquire property in order to build or improve one of its facilities, it negotiates according to standard professional practices.

NJDOT’s right of way acquisition process includes negotiations (Eminent Domain) and relocation.

Negotiations
NJDOT will comply with the Eminent Domain Act of 1971 (N.J.S.A. 20:3-1 et seq.) in the acquisition of property needed for transportation projects.

Since many NJDOT projects are federally funded the booklet Acquisition: Acquiring Real Property for Federal and Federal-Aid Programs and Projects offers more information.

Relocation
NJDOT offers reasonable time and assistance to relocate. People cannot be required to move until NJDOT:

  • Provides 90 day written notice of the need to vacate
  • Issues final payment check for the property acquisition
  • Takes title to the property
  • Gives 30 days written notice to vacate

NJDOT provides relocation assistance to occupants of residential and business properties who must move. The Relocation Assistance Act of 1971 (N.J.S.A. 20:4-1 et seq.) does not apply to NJDOT because it has its own relocation statute, the Uniform Transportation Replacement Housing and Relocation Act (N.J.S.A. 27:7-72 et seq.).

Since many NJDOT projects are federally funded the booklet Your Rights and Benefits as a Displaced Person under the Federal Relocation Assistance Program offers more information.

 
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  Department of Transportation
  P.O. Box 600
  Trenton, NJ 08625-0600
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  Last Updated:  August 21, 2006