§ 205:3-b — "Public Use" Defined

Notwithstanding any other provision of law to the contrary, in this chapter, "public use" means:
I. (a) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
(b) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
(c) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
(d) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use.
II. Except as provided in subparagraphs I(b) and (d) of this section, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.

Legislative History

2006, 324:9, eff. Jan. 1, 2007.