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Rule 4:73-10.Appeals from assessments for improvements and awards of damages

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:73-10 requires appeals from municipal improvement assessments and related damage awards to be filed as a notice of appeal and brought as a consolidated summary action, tried by jury if demanded.

Full Text of Rule 4:73-10

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Appeals from an assessment for improvements and an award for damages incidental to improvements and appeals from an award of damages for taking property useful or necessary for the making of an improvement, shall be taken by filing a notice of appeal in the Superior Court. The matter shall be brought on by instituting a summary action and all such appeals as to the same improvements shall be consolidated. The action shall be tried with a jury if demanded as provided by R. 4:73-7. Applications under any statute for confirmation of an assessment or award not appealed from shall be brought on by instituting a summary action.

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:92-12.

Plain-English Summary

Fighting a municipal improvement assessment, or the damages awarded alongside it, starts with a notice of appeal filed in the Superior Court and proceeds as a summary action. When several appeals concern the same improvement, they're consolidated, and any of them can be tried by jury if demanded the way a condemnation appeal would be.

Confirming an assessment or award that no one appealed follows the same summary-action path.

Frequently Asked Questions

How is an appeal from a municipal improvement assessment brought?

By filing a notice of appeal in the Superior Court, proceeding as a summary action, with all appeals concerning the same improvement consolidated.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:73-10). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source
Also known as: appeal from municipal assessment