Bill

Bill > A439


NJ A439

NJ A439
Replaces certain fixed interest rate award in eminent domain cases with interest rate based on just compensation awards.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 the fixed rate and provides that the interest will be determined by the court in a summary manner after final determination of compensation. Under the bill, in making its determination, the court is permitted to consider any relevant factors, including but not limited to: (1) prevailing commercial interest rates; (2) the prime rate or rates; (3) the applicable legal rates of interest; and (4) 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 amends existing laws to change how interest is calculated on awards in eminent domain cases, which is when the government takes private property for public use. Currently, interest on these awards can be a fixed 6% or set at a general "legal rate." This bill eliminates the fixed 6% rate and instead requires courts to determine the interest rate in a straightforward manner after the final compensation amount is decided. When setting this rate, judges can consider various factors, such as current commercial interest rates, the prime rate, applicable legal rates, and what's needed to fairly compensate the property owner for the loss of use of their money.

Committee Categories

Housing and Urban Affairs

Sponsors (4)

Last Action

Introduced, Referred to Assembly Housing Committee (on 01/13/2026)

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