(a) Parties. The record owner, the occupant, if any, such other persons appearing of record to have any interest in the property and such persons claiming an interest therein as are known to the plaintiff shall be made parties.
Rule 4:73-2.Parties; trial of dispute as to title
Last amended September 5, 1972 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-2 requires a condemnation action to name the record owner, any occupant, and every other known interest holder as parties, and lets the court try a title dispute either before or after damages are determined.
Full Text of Rule 4:73-2
(b) Dispute as to Title. If the title to the land or other property to be taken is in dispute, the dispute shall be tried either before or after the determination of damages as the court may direct.
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. 4:92-2. Amended July 14, 1972 to be effective September 5, 1972.
Plain-English Summary
A condemnation case has to bring in everyone with a stake in the property — the record owner, any occupant, anyone else who appears of record to have an interest, and anyone else the plaintiff knows claims one.
If it turns out title itself is in dispute, that fight doesn't have to happen at any particular point — the court decides whether to try it before or after damages are worked out.
Frequently Asked Questions
Who must be made a party to a New Jersey condemnation action?
The record owner, any occupant, and everyone else known to have or claim an interest in the property.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-2). 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: condemnation partiestitle dispute in condemnation