Supreme Court of New Jersey
County of Monmouth, Plaintiff-Appellant v. Robert J. Wissell and Barbara J. Wissell, His Wife, and Edgar Rogers…
July 11, 197568 N.J. 35
Summary
The New Jersey Supreme Court held that a county with eminent domain power may take immediate possession of condemned property after filing a declaration of taking, interpreting N.J.S.A. 20:3-17's phrase "when empowered to do so by law" broadly to give a uniform right to all condemning bodies except individuals or private corporations. The Court reversed the Appellate Division and remanded for entry of an order denying the defendants' motion.