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RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS ON THE PARCEL NEEDED FOR THE REPLACEMENT OF THE LOWER NOTCH ROAD CUVERT NO. 1600-214 IN THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC, NEW JERSEY, PURSUANT TO N.J.S.A. 20:3-6
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of Commissioners for the County of Passaic (hereafter “Board”) is vested with decision making powers on behalf of the County; and
WHEREAS, the County is planning on undertaking a project known as Replacement of the Lower Notch Road Culvert No. 1600-214 (hereafter “Project”) that requires the County to obtain partial fee takings and/or easements owned by private parties; and
WHEREAS, the real estate appraisal firm New Jersey Realty Advisory Group, LLC has completed real property appraisal reports relative to the value of the land that needs to be acquired and the value of damages associated with the acquisition of the necessary land and easements; and
WHEREAS, by the laws governing eminent domain, specifically, N.J.S.A. 20:3-6, the County was first required to attempt to obtain the necessary property acquisitions through bona fide negotiations with the affected property owners based upon the property values and damages to the remainder of the parcels involved associated with the partial fee takings as set forth in the detailed real property reports compiled on these properties; and
WHEREAS, the Office of the County Counsel reported to the Public Works Committee at the September 25, 2024 meeting that it has successfully negotiated the property and property interests needed from one (1) out of the two (2) parcel owners and that it has to date been unsuccessful in securing the below-described property interest needed for the project:
|
Property Owner |
Address |
Block |
Lot |
Bridge Easement |
|
Notchwood Commons, LLC |
10 Lower Notch Road |
125 |
1 |
601 square feet |
;and
WHEREAS, County Counsel’s Office is recommending that it obtain approval from the Board to commence condemnation proceedings in the Superior Court of New Jersey on the above described property due to a failure to negotiate with the property owner; and
WHEREAS, as required under N.J.S.A. 20:3-6 the County may proceed with condemnation proceeding if there is a rejection of the offer or failure by the property owner to accept the same with the period fixed in written offer shall in no case be less than 14 days from the mailing of the offer; and
WHEREAS, this matter was discussed at the October 9, 2024 meeting of the Public Works Committee, and is being recommended to the Board for approval; and
NOW THEREFORE LET IT BE RESOLVED, pursuant to N.J.S.A.20:3-6 the Passaic County Board of Commissioners hereby authorizes the Passaic County Counsel to commence condemnation proceedings in the Superior Court of New Jersey on the above-described parcel where the County and property owner have failed to reach agreement on the price for their property and/or property interests needed for the Lower Notch Road Culvert No. 1600-214 in the Borough of Wanaque.
LET IT BE FURTHER RESOLVED, that the Clerk, County Counsel and Director of the Board are authorized to execute any documentation necessary to file this condemnation action on behalf of the County of Passaic.
KJB October 22, 2024