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Bill > S4379


NJ S4379

NJ S4379
Replaces certain fixed interest rate award in eminent domain cases with interest rate based on just compensation awards.


summary

Introduced
05/12/2025
In Committee
05/12/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill replaces the fixed interest rate award in eminent domain cases with an interest rate based on just compensation awards. Under current law, interest rate awards in certain eminent domain cases are either (1) fixed at 6 percent or (2) set at an applicable "legal rate." This bill eliminates those fixed rates and provides that the interest will be fixed and determined by the court in a summary manner after final determination of compensation. Under the bill, in making its determination, the court may consider any relevant factors, including but not limited to: prevailing commercial interest rates, the prime rate or rates, the applicable legal rates of interest, and an appropriate interest rate on a just compensation award that justly indemnifies the condemnee for the loss of the use of the compensation to which the condemnee was entitled.

AI Summary

This bill replaces the fixed interest rate method for calculating interest in eminent domain cases with a more flexible approach that gives courts greater discretion in determining appropriate interest rates. Under current law, interest rates in certain eminent domain proceedings were either fixed at 6% or set at a standard "legal rate." The bill modifies multiple existing statutes to require courts to determine interest rates in a summary manner after the final determination of compensation. When making this determination, courts may consider various factors, including prevailing commercial interest rates, prime rates, applicable legal interest rates, and an appropriate rate that fairly compensates the property owner for the loss of use of their compensation. The goal is to create a more nuanced and context-specific method for calculating interest that better reflects current economic conditions and ensures just compensation for property owners whose land is taken through eminent domain. The bill applies this new interest rate calculation method across different types of governmental entities and condemnation proceedings, including those conducted by municipalities, counties, state authorities, and other public bodies.

Committee Categories

Budget and Finance, Housing and Urban Affairs

Sponsors (1)

Last Action

Referred to Senate Budget and Appropriations Committee (on 05/12/2025)

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