Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:37-101. Establishment and location of parks; acquisition of property; rules and regulations The commission may acquire, maintain and make available to the inhabitants of the county wherein it is appointed, and to the public, parks and open spaces for public resort and recreati…

40:37-101.1. Counties over 200,000 having park commission; annual appropriation for maintenance of parks in certain cases; limitation In any county having a population of more than two hundred thousand and having a county park commission, the members of which shall be appointed, …

40:37-101.2. Manner of appropriating, paying over and expending funds The funds so raised and appropriated shall be raised and appropriated in the same manner as the funds for any other department of government in said county and after the funds shall have been raised and appropr…

40:37-101.3. Adoption of sections 40:37-12, 40:37-14 and 40:37-15 not to be submitted within five years after rejection The question of the adoption or rejection of sections 40:37-12, 40:37-14 and 40:37-15 of the Revised Statutes shall not be submitted to the voters of any county…

40:37-101.4. Additional lands; acquisition after lands valued at 35% of tax ratables have been acquired When any park commission established pursuant to the provisions of subdivision C of article five of chapter thirty-seven of Title 40 of the Revised Statutes (R.S. 40:37-96 et s…

40:37-101.5. Assessor's certificate that value of lands acquired exceeds 35% value of ratables The assessor of any municipality, in which any such park commissioners shall have acquired lands exceeding in area thirty-five per centum (35%) of the total area of the municipality, sh…

40:37-101.6. Appropriation to municipality in lieu of taxes The county board of taxation shall in each year calculate the sum of money in which the municipality would have derived during said year as tax revenue for local purposes from such lands, buildings and improvements in ex…

40:37-102. Surveys and maps of parks; records Before proceeding to purchase or condemn real estate for a public park or place, the commission shall determine the location and quantity of the same to be included in any park or place, and cause a survey thereof to be made together …

40:37-103. Condemnation for parks; law applicable Whenever the commission shall have determined to take and acquire any real estate or any right or interest therein for any public park or place which it has located as provided in sections 40:37-96 to 40:37-174 of this title, and …

40:37-104. Construction of roadways; acquisition of real estate; exemption from taxation The commission may connect any road, park or public open space with any other park or public open space, and with any municipality in the county by a suitable roadway or boulevard, and for th…

40:37-105. Survey and map of roadways and boulevards; records Before laying out and opening any roadway, parkway or boulevard, the commission shall cause a survey to be made and a map thereof to be filed in its office, showing the termini of each roadway, parkway or boulevard, in…

40:37-106. Construction and improvement of roadways and paths The commission may: a. Construct and maintain along, across, upon and over any of the real estate acquired by it under sections 40:37-96 to 40:37-174 of this title, roadways, parkways or boulevards; b. Grade and improv…

40:37-107. Commission may establish grades; pavement and improvement of roadways The commission may not only lay out and open roadways, parkways and boulevards, connecting parks and open spaces as herein provided, but may also establish the grade of such highways, and change and …

40:37-108. Lines of frontage on new parkways The commission may also determine, in the case of a new parkway or boulevard laid out and opened by it, the lines for the frontage of any and all buildings to be located on the real estate fronting thereon.

40:37-109. Condemnation for roadways; commissioners appointed; benefits assessed Whenever the commission shall determine to open and lay out a boulevard, parkway or roadway, or make any improvement thereof which shall require the condemnation of real estate or any right or intere…

40:37-11. Limitation of powers Except with the consent of the agencies hereinafter named, the powers and duties provided for in this article for a county shade tree commission shall not be valid or operative: a. Within the limits of any highway, park or parkway now or hereafter u…

40:37-11.1. Contract with federal agency for occupation and use of property by federal government or agency Any county park commission may enter into negotiations and may contract with the United States or with any board, body, commission, department or agency thereof for the occ…

40:37-11.2. Contract with municipality or administrator of Public Housing and Development Authority for use of lands for veterans' emergency housing The county park commission in any county may contract with any municipality in such county, or with the Administrator of the Public…

40:37-11.3. Gifts or trust funds for park purposes; investment Whenever any county park commission receives any gift of funds for park purposes, or is the recipient of any trust funds for such purposes, the commission may, in its discretion, invest and keep invested the moneys of…

40:37-11.4. Capital improvement fund; investment of moneys Whenever proceeds from the sale of lands, or moneys otherwise received, are required by law to be set aside by a county park commission as a capital improvement fund, the commission may, in its discretion, invest and keep…

40:37-11.5. Indemnification of park police for costs of defense of civil and criminal actions Whenever a member or officer of a county park police system is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the county par…

40:37-11.6 Abolition of county park police force. 1. a. (1) Except as otherwise provided in paragraph (2) of this subsection, when the governing body of a county abolishes a county park commission, the governing body may, in its discretion, abolish any county park police force wh…

40:37-11.7 County park commission to maintain Internet website or webpage; contents. 3. Any county park commission established pursuant to chapter 37 of Title 40 of the Revised Statutes shall maintain either an Internet website or a webpage on the county's Internet website. The p…

40:37-110. Commissioners; appointment; duties; oaths At the time and place specified in the notice provided for in section 40:37-109 of this Title the judge shall appoint three disinterested freeholders resident in the county to: a. Make a just and true appraisement of the value …

40:37-111. Hearing and notice; view premises; report The commissioners so appointed shall fix a time and place when they will hear the persons interested in the property to be taken, and in the benefits to be conferred by the proposed improvement, and shall give public notice of …

40:37-112. Court to hear objections to report; confirmation Upon receipt of any such report, signed by the commissioners, or any two of them, the court shall cause such notice to be given as it shall direct of the time and place of hearing any objections that may be made to the a…

40:37-113. Rules of procedure The Supreme Court may make such rules for the regulation of the practice and procedure under sections 40:37-96 to 40:37-174 of this Title as it shall deem appropriate. Amended by L.1953, c. 37, p. 659, s. 84, eff. March 19, 1953.

40:37-114. Compensation of commissioners; expenses; inclusion in cost of improvement The court shall, upon application, by the county park commissioners or on its behalf, fix and determine the compensation to be paid the commissioners so appointed, and allow any other expense nec…

40:37-115. Benefits assessed deducted from damages awarded Whenever damages are awarded under the provisions of section 40:37-111 of this title to an owner of real estate, and benefits are assessed against the same owner, the county park commissioners may, when both the award of …

40:37-116. Award collected by suit Any person to whom an award shall be made may, subject to the deduction of benefits assessed, sue for and collect or obtain payment of the award after it shall have been confirmed in an action or by a proceeding in lieu of prerogative writ again…

40:37-117. Assessments a lien; collection; action at law The county park commissioners may collect the assessments for benefits either by a civil action in the name of the commission against the person from whom it is due, together with the costs of making the same and interest a…

40:37-118. Improvement of parkways and boulevards already established; assessments for benefits; appointment of commissioners Whenever the county park commission shall determine to make any improvement of any parkway, boulevard or part thereof, theretofore laid out or opened by i…

40:37-119. Assessments a lien until paid All assessments for benefits made under sections 40:37-96 to 40:37-174 of this title shall remain liens upon the real estate benefited, from the confirmation thereof until fully paid.

40:37-12. Appropriations for park purposes; referendum; petition This section and sections 40:37-14 and 40:37-15 of this title shall remain inoperative in any county until adopted by a majority of the votes cast on the question of the adoption or rejection thereof at a general el…

40:37-120. Sale of lands for unpaid assessments; notice and publication If any assessment shall remain in arrears for more than six months after confirmation, suit may be brought for its collection with interest and costs, and the commission may proceed to advertise the real esta…

40:37-121. Sale for term of years At the sale, the real estate shall be publicly sold to the person who will take the same for the shortest period of time, not exceeding fifty years from the date of sale, and pay to the commission before the close of the sale the full amount due …

40:37-122. Adjournment of sale; notice The commission may adjourn a sale from time to time by making proclamation thereof, and proceed therewith on the adjourned day.

40:37-123. Certificate of sale; issuance; assignability; recording The commission shall make and deliver to a purchaser at such sale who shall have made payment, a certificate of sale, signed by its officers thereunto duly authorized, sealed with its seal, and acknowledged or pro…

40:37-124. Redemption of property sold The owner of any real estate so sold, his legal representatives, or any mortgagee or judgment creditor, having a legal or equitable interest therein may, within the time prescribed by section 40:37-125 of this title, redeem the property from…

40:37-125. Time for redemption; declaration of sale; contents; filing If at the expiration of three years no such redemption as is provided for in section 40:37-124 of this title is made, the commission shall, upon the surrender of the certificate of sale, execute and deliver to …

40:37-126. Effect of declaration of sale; liability for waste The declaration of sale shall be presumptive evidence in all courts and places that the sale and proceedings were regular and according to law, and the purchaser or his legal representatives shall, by virtue thereof, l…

40:37-127. Redemption by mortgagee; notice to mortgagee; rights after redemption No mortgagee whose mortgage shall have been recorded or registered before the sale shall be divested of his rights in and to the real estate unless, after written notice shall have been given to him …

40:37-128. Unsold land struck off to commission Real estate which is not bid off and sold when offered for sale or resale, according to the provisions of sections 40:37-96 to 40:37-174 of this title shall be struck off to the commission by its corporate name, for the longest term…

40:37-129. Freeholders to borrow money upon requisition of park commission; bonds; limitation To meet the expenses incurred under the provisions of sections 40:37-96 to 40:37-174 of this title in addition to the sum of money received from benefit assessments as herein provided an…

40:37-13. Certain counties governed hereby In counties wherein the legal voters have heretofore adopted the provisions of an act entitled "A supplement to the act entitled "An act in relation to county expenditures,' approved April second, one thousand eight hundred and seventy-e…

40:37-130. Additional bond issues The following supplements to the act entitled "An act to establish public parks in certain counties in this state and to regulate the same," approved March fifth, one thousand eight hundred and ninety-five, providing for additional bond issues an…