32:20-45 - Notice of filing of declaration and making of deposit; service upon parties in interest;  order for payment of money deposited to parties entitled thereto;  recovery where award is less

32:20-45.  Notice of filing of declaration and making of deposit; service upon parties in interest;  order for payment of money deposited to parties entitled thereto;  recovery where award is less
    The department shall cause notice of the filing of said declaration and the  making of said deposit to be served upon each party in interest named in the  complaint residing in this State, either personally or by leaving a copy thereof at his residence, if known, and upon each party in interest residing out of the State, by mailing a copy thereof to him at his residence, if known. In the event that the residence of any such party or the name of such party is unknown, such notice shall be published at least once in a newspaper published or circulating in the county or counties in which the land is located.  Such service, mailing or publication shall be made within ten days after filing such  declaration.  Upon the application of any party in interest and after notice to  other parties in interest, including the department, any judge of the Superior  Court assigned to sit for said county may order that the money deposited with  the Clerk of the Superior Court or any part thereof be paid forthwith to the  person or persons entitled thereto for or on account of the just compensation  to be awarded in said proceeding;    provided  , that each person shall have filed with the Clerk of the Superior Court a consent in writing that, in the event the award in the condemnation proceeding shall be less than the amount deposited, the court, after notice as herein provided and hearing, may determine his liability, if any, for the return of such difference or any part  thereof and enter judgment therefor.  If the amount of the award as finally  determined shall exceed the amount so deposited, the person or persons to whom  the award is payable shall be entitled to recover from the department the  difference between the amount of the deposit and the amount of the award, with  interest at the rate of six per centum (6%) per annum thereon from the date of  making the deposit.  If the amount of the award shall be less than the amount  so deposited, the Clerk of the Superior Court shall return the difference  between the amount of the award and the deposit to the department unless the  amount of the deposit or any part thereof shall have theretofore been  distributed in which event the court, on petition of the department and notice  to all persons interested in the award and affording them an opportunity to be  heard, shall enter judgment in favor of the department for such difference  against the party or parties liable for the return thereof.  The department  shall cause notice of the date fixed for such hearing to be served upon each  party thereto residing in this State either personally or by leaving a copy  thereof at his residence, if known, and upon each party residing out of the  State by mailing a copy to him at his residence, if known.  In the event that  the residence of any party or the name of such party is unknown, such notice shall be published at least once in a newspaper published or circulating in the  county or counties in which the land is located.  Such service, mailing or  publication shall be made at least ten days before the date fixed for such  hearing.

     L.1953, First Sp.Sess., c. 443, p. 2429, s. 12.