The federal government, the state government, municipalities and subdivisions thereof have the right under the United States Constitution, the New Jersey State Constitution and the Eminent Domain Act of 1971 to acquire private land for public use with just compensation.
The United States Constitution, Article 5 states: “No person shall be…deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The New Jersey Constitution, Article 1, Section 20 states: “Private property shall not be taken for public use without just compensation. Individuals or private corporations shall not be authorized to take private property for public use without just compensation first made to the owners.”
The Eminent Domain Act Of 1971 Defines Property:
“Property” means land, or any interest in land, and (1) any building, structure or another 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.
