(a) By Whom Served. The order to show cause issuing pursuant to R. 4:67 may be served by any person 18 or more years of age.
Rule 4:73-3.Service of process
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-3 lets any adult serve the condemnation order to show cause, requires publication and mailed notice for a non-resident or unknown-address defendant, and ties service of the declaration of taking to service of process.
Full Text of Rule 4:73-3
(b) Non-resident or Unknown Parties. If a defendant resides outside this State or if the plaintiff does not know defendant’s residence address, notice shall be given to defendant by publication once in a newspaper published or of general circulation in the county or counties in which the land or property to be taken is located and by mailing to defendant’s last known address a copy of the notice at least 10 days before the return date of the order to show cause. If the name of a defendant is unknown the published notice shall be addressed to “Unknown Owner” or “Unknown Claimant”.
(c) Service of Declaration of Taking. Service of a declaration of taking shall be made with or after the service of process.
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. 4:92-3(a) (b) (c). Paragraph (c) adopted July 14, 1972 to be effective September 5, 1972; paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (b); amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
Serving the condemnation order to show cause doesn't take a sheriff — any person 18 or older can do it. A defendant who lives outside the state, or whose address the plaintiff doesn't know, instead gets notice by a single newspaper publication in the county where the property sits, plus mail to the last known address at least 10 days before the return date; if the defendant's name itself isn't known, the notice runs against “Unknown Owner” or “Unknown Claimant.”
Whatever declaration of taking accompanies the case gets served with or after the process itself.
Frequently Asked Questions
How is a non-resident or unknown defendant notified of a condemnation action?
By publication once in a newspaper covering the property's location, plus mailed notice to the last known address at least 10 days before the return date.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-3). 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 service of processunknown owner notice