Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:12-12. Acquisition of property in other States; necessity for and manner of acquisition When a county, by resolution, or municipality, by ordinance, determines that any real property located in a foreign state is necessary to the beneficial use of property in this State owned…

40A:12-13 Sales of real property, capital improvements or personal property; exceptions; procedure. 13. Sales of real property, capital improvements or personal property; exceptions; procedure. Any county or municipality may sell any real property, capital improvement or personal…

40A:12-13.1. Sales of real property, capital improvements or personal property; authorization by resolution The sale by any municipality of any real property, capital improvements or personal property, or interests therein, not needed for public use by public sale to the highest …

40A:12-13.2. Sales of real property; right of first refusal of contiguous owners Notwithstanding any provision of law to the contrary, whenever any municipality intends to sell real property which is less than the minimum size required for development under the municipal zoning o…

40A:12-13.3. Sale of county property to municipality for public purposes Notwithstanding any provisions of law to the contrary, when any governing body of a county determines that all or any part of a tract of land, with or without improvements, owned by the county is not then ne…

40A:12-13.4. Conveyance to county Notwithstanding any law to the contrary, when the governing body of a municipality determines that all or part of a tract of land, with or without improvements, owned by the municipality is not then needed for municipal purposes, it may, by ordin…

40A:12-13.5. Sale, lease or exchange of real property of capital improvement by counties; conditions; fees 1. a. In addition to any other applicable requirements of law, no county may sell, lease for a term of 20 years or more, or exchange any real property or capital improvement…

40A:12-13.6. Notice of public hearing 2. In addition to any other applicable requirements of law, the county shall provide notice of any public hearing required pursuant to section 1 of this act at least 30 days in advance of the date of the hearing as follows: a. By mailing a co…

40A:12-13.7. Contents of notice of public hearing 3. The following information shall be included in all notices required pursuant to section 2 of this act: a. A general description and the location of the real property or capital improvement proposed to be sold, leased, or exchan…

40A:12-13.8. Bid acceptance by county; conditions 4. A county shall not accept any bid for any real property or capital improvement to be sold, leased for a term of 20 years or more, or exchanged pursuant to P.L.1971, c.199 (C.40A:12-1 et seq.) unless such acceptance is condition…

40A:12-13.9 Public acquisition, sale of real property, municipality, certain; authority of mayor. 1. Notwithstanding any provision of law to the contrary, in the case of a municipality with a population of 265,000 or greater, according to the latest federal decennial census, that…

40A:12-14 Leasing of county or municipal real property, capital improvements or personal property. 14. Any county or municipality may lease any real property, capital improvement or personal property not needed for public use as set forth in the resolution or ordinance authorizin…

40A:12-14.1 Lease of certain farmland to prior lessee. 2. Whenever a county or municipality acquires real property that, immediately prior to acquisition, was leased from the prior owner by a private person for agricultural or horticultural use, and the county or municipality det…

40A:12-15 Purposes for which leases for a public purpose may be made. 15. Purposes for which leases for a public purpose may be made. A leasehold for a term not in excess of 50 years may be made pursuant to this act and extended for an additional 25 years by ordinance or resoluti…

40A:12-15.1 Findings, declarations relative to lease, sale of certain property to nonprofits for certain purposes. 1. The Legislature finds and declares: a. There exists in certain municipalities an excess of vacant property that is not needed for public use; and b. Vacant proper…

40A:12-16. Exchanges of certain lands; exceptions The governing body of any county, by resolution, or any municipality, by ordinances may exchange any lands or any rights or interests therein owned by the county or municipality, except lands used for public highways or places, fo…

40A:12-17. Application of proceeds of disposition of lands When any county or municipality shall dispose of real property, capital improvements or personal property not acquired at a tax sale, having issued bonds to finance the purchase thereof, and at the time of such disposal a…

40A:12-17.1 Lease of land for provision of water supply, wastewater treatment services in city of first class 1. a. Notwithstanding the provisions of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.) or any other law, rule or regulation to the contrary, wh…

40A:12-18. Federal aid Every county or municipality making an acquisition, sale, lease or exchange pursuant to this act may apply for, receive and expend such grants, loans, gifts and aids as may be made available to it for such purposes from any source whatsoever, including, but…

40A:12-19. Conveyance of lands for educational purposes 19. When the governing body of a county or municipality shall determine by resolution that all or any part of a tract of land improved or unimproved is no longer needed for public purposes, the governing body may authorize t…

40A:12-2. Definitions 2. Definitions. The following words shall have the following meanings, unless the context clearly indicates the contrary: (a) "Acquire" shall include acquisition by gift, devise, purchase, exchange, grant, lease, condemnation, or installment purchase agreeme…

40A:12-20. Acquisition on behalf of another public body Any county or municipality may acquire, sell, lease or exchange, pursuant to this act, any real property, capital improvement or personal property in trust for, on behalf of, or as agent for, any other political subdivision …

40A:12-21 Private sales to certain organizations upon nominal consideration. 21. When the governing body of any county or municipality shall determine that all or any part of a tract of land, with or without improvements, owned by the county or municipality, is not then needed fo…

40A:12-21.1. Private sale of personal property authorized 2. When the governing body of any county or municipality shall determine that any form of personal property as defined in subsection (f) of section 2 of P.L.1971, c.199 (C.40A:12-2) and as amended in section 1 of P.L.1995,…

40A:12-22 Establishment, maintenance of central registry. 22. Each municipality and county may establish and maintain a central registry of all real property in which it has acquired title or a leasehold interest for other than street or highway purposes as of the effective date …

40A:12-23. Display of flags on county and municipal buildings The governing bodies of the respective counties and municipalities shall procure United States flags, flagstaffs and the appliances therefor for their particular county courthouse and the municipal buildings and shall …

40A:12-24. Rental of lands and buildings or portions thereof not needed for public use; portions of buildings; rental Every county or municipality may lease for fixed and upon prescribed terms and for private purposes any of the land or buildings or any part thereof not presently…

40A:12-25. Use of public building by counties and municipalities Each county may authorize any municipality in the county to use, for municipal purposes, a portion of any county building and any municipality may permit the county in which it is located to use for county purposes …

40A:12-27. Construction The language and terms of this act shall be construed broadly, in order that counties and municipalities may have all of the powers necessary and incident to the efficient and economical execution of their public functions, and in order that the officers a…

40A:12-28. Saving clause Any acquisition, sale, lease or exchange made prior to the effective date of this act, pursuant to any act repealed or amended pursuant to this act, is hereby validated, confirmed and continued, except that no lease shall be renewed or extended, except in…

40A:12-29. Statutes repealed The following sections, chapters and acts, together with all amendments and supplements thereto are hereby repealed: Sections 40:9-1; 40:9-2; 40:9-4; 40:32-1; 40:32-2; 40:32-3; 40:32-4; 40:32-5; 40:32-7; 40:32-8; 40:32-9; 40:32-10; 40:32-11; 40:32-12;…

40A:12-3. Acquisition of lands and buildings (a) Any county or municipality may acquire, construct and maintain such buildings or other capital improvements as may be necessary and suitable for the performance of its functions, the accommodation of the courts required to be held …

40A:12-30. Effective date This act shall take effect July 1, 1971. L.1971, c. 199, s. 30, eff. July 1, 1971.

40A:12-31. Short title This act shall be known and may be cited as the "Urban Homesteading Act." L. 1988, c. 148, s. 1.

40A:12-32. Findings, declarations The Legislature finds and declares that: a. There exists within this State a serious shortage of decent, safe, and sanitary dwelling units for persons of limited means, particularly in urban centers such as Newark, Irvington, Paterson, Trenton an…

40A:12-33. Definitions As used in this act: a. "Application" means all information required by the municipality of an applicant in order to make a determination regarding the sale of in rem property; b. "In rem property" means any residential property consisting of less than five…

40A:12-34. Urban homesteading program a. A municipality may, by ordinance, establish an urban homesteading program. Any municipality which enacts such an ordinance shall designate in that ordinance an existing department of the municipality to serve as the urban homesteading agen…

40A:12-35. Certified list Within 30 days of the enactment of an ordinance establishing an urban homesteading program and designating the urban homesteading agency, the tax collector shall submit to the homesteading agency a certified list of all in rem properties within the munic…

40A:12-36. Notice; procedures a. Upon receiving the list of in rem properties in the municipality pursuant to section 5 of this act, the urban homesteading agency shall publish at least twice a notice in a newspaper having general circulation in the county in which the property w…

40A:12-37. Contract provisions The transfer of the urban homesteading property to the applicant selected pursuant to section 6 of this act shall be made pursuant to a contract of sale and rehabilitation between the municipality and the transferee which shall provide, among other …

40A:12-38. Filing of ordinance Within 30 days following the enactment of an ordinance establishing an urban homesteading program, the municipal clerk shall file a copy of the ordinance with the Director of the Division of Local Government Services and the Director of the Division…

40A:12-4 Further acquisitions authorized. 4. Any county or municipality may acquire: (a) Any real property, capital improvement, personal property or any interest or estate whatsoever therein, including easements, water, water power, or water rights, either within or without the …

40A:12-5. Additional powers 5. (a) Any county, by resolution, or any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal property: (1) By purchase, gift, devise, lease, exchange, condemnation, or installment purchase …

40A:12-6. Authorization to incur indebtedness and make appropriations (a) Whenever, pursuant to law, a county or municipality is authorized to acquire or improve any real property or capital improvement, or both, or any personal property, the county or municipality may provide fo…

40A:12-7. Subsequent acquisition of outstanding interests Any county or municipality having acquired any real property, capital improvement or personal property or any estate or interest therein subject to any lawful conditions, restrictions or limitations upon its use may subseq…

40A:12-8. Acquisition of interests in lieu of enforcement of claims When a county or municipality has or shall have acquired a lien or other interests by judgment, mortgage, tax, assessment, sale for taxes or assessments, or otherwise, against any real property, the county or mun…