N.J. Admin. Code § 16:5-2.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 16:5-2.5 - Procedure

(a) No compensation will be made where an annual crop has been harvested by the owner or anyone acting under contract with the owner, notwithstanding, that a declaration of taking has been filed and recorded.

(b) As to any claim for compensation under N.J.S.A. 20:3-29.1 for loss of crop income, the owner should file an application with the Division representative assigned to handle the negotiations for the parcel. The owner, at the time of application, shall provide all pertinent information regarding the claim, including photographs where available and a description of the crop.

(c) An inventory shall be taken before the Department takes possession of a parcel with standing crops or having agricultural commodities. The owner shall be afforded an opportunity to review the inventory prior to a value determination.

(d) Where the effect of the acquisition, if any, on the ability to harvest is known or can readily be ascertained, a crop valuation will be provided within 90 days of a completed application. However, where a determination as to crop loss cannot be reasonably made prior to execution of an agreement or the commencement of a condemnation proceeding, the owner's rights to such compensation, if any, shall be preserved until a determination can be made.

N.J. Admin. Code § 16:5-2.5