(a) Payment into Court. A plaintiff authorized by statute to pay the award into Court shall do so on order of the court entered without notice unless the statute requires notice.
Rule 4:73-9.Payment into court; disputes as to allocation; withdrawal; review
Last amended September 14, 1981 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-9 lets a condemnation plaintiff pay the award into court without notice unless the statute requires it, and resolves any dispute over how the proceeds are allocated as a summary action once the award or appeal judgment is in.
Full Text of Rule 4:73-9
(b) Disputes as to Allocation. If allocation of the proceeds of an award or judgment is in dispute, the same shall be tried only after the award has been paid into court or a judgment upon appeal from an award has been entered. The matter may be initiated by any party by a petition in the cause and shall proceed as a summary action under R. 4:67.
(c) Withdrawal. Any party may apply for withdrawal of money paid into court by motion on notice to all other parties, including the Director of the Division of Taxation if the plaintiff is the Commissioner of Transportation. If any party disputes such withdrawal, the moving party shall proceed under paragraph (b) of this rule.
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. 4:92-10, 4:92-11. Paragraph (a) amended and (b) (c) and (d) adopted July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (d); amended November 27, 1974 to be effective April 1, 1975; paragraph (d); amended July 16, 1981 to be effective September 14, 1981.
Plain-English Summary
Getting condemnation money into the court's hands is usually simple — a plaintiff authorized by statute pays the award in on a court order entered without notice, unless the statute itself demands notice first. Disputes over who gets what only get tried once the award (or the appeal judgment) is in court, and any party can start that fight by petition, proceeding as a summary action.
Withdrawing the money takes a motion on notice to everyone else, including the Division of Taxation when the Commissioner of Transportation is the plaintiff, and if the withdrawal itself is disputed, it gets resolved the same way an allocation dispute would. Every withdrawal order then follows the general procedure for processing payments out of court.
Frequently Asked Questions
When can a dispute over allocating condemnation proceeds be tried?
Only after the award has been paid into court or a judgment on appeal from the award has been entered, proceeding as a summary action.
Who must be notified before withdrawing condemnation funds paid into court?
All other parties, including the Director of the Division of Taxation if the plaintiff is the Commissioner of Transportation.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-9). 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 award payment into courtallocation dispute condemnation