40:54A-9 - Acquisition of realty; manner; eminent domain - New Jersey Statutes

40:54A-9.  Acquisition of realty;  manner;  eminent domain
    Every authority is hereby empowered, in its own name but for the municipality, to acquire by purchase, gift, grant or device and to take for public use real property within the municipality, or any interest therein which  may be deemed by the authority necessary for its purposes.  Such authority is  hereby empowered to acquire and take such real property or interests therein,  by condemnation, in the manner provided by chapter 1 of Title 20, Eminent  Domain, of the Revised Statutes (R.S. 20:1-1 et seq.) and, to that end, may  invoke and exercise in the manner or mode of procedure prescribed in said  chapter, either in its own name or in the name of the municipality, all of the  powers of such municipality to acquire or take property for public use;   provided, however, that, notwithstanding the foregoing or any other provision  of this act, no authority shall take by condemnation, any real property except  upon the prior consent thereto by the municipality which created the authority  given by resolution adopted by its governing body;  and provided, further, that  the power herein conferred upon an authority to acquire by condemnation real  property and interests therein shall not be exercised to acquire, for any of  the purposes of this act, any real property or interests therein owned, used,  or to be used by a public utility, as defined in section 48:2-13 of the Revised  Statutes, in furnishing any commodity or service which by law it is authorized  to furnish.

     L.1964, c. 103, s. 9, eff. May 29, 1964.