Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:8B-7. Valuation of land subject to restriction The existence of any conservation restriction or historical preservation restriction acquired pursuant to this act shall be considered by local assessors in establishing the full value of any lands subject to such restriction. L.1…

13:8B-8. Construction Nothing in this act shall be construed to imply that any restriction, easement, covenant, or condition which does not have the benefit of this act, on account of any provision hereof, is unenforceable. Nothing in this act shall diminish the powers granted by…

13:8B-9. Severability If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the …

13:8C-1. Short title 1. Sections 1 through 42 of this act shall be known, and may be cited, as the "Garden State Preservation Trust Act." L.1999,c.152,s.1.

13:8C-10. Immunity from personal liability 10. Neither the members of the trust nor any person executing bonds, notes or other obligations issued pursuant to this act shall be liable personally on the bonds, notes or other obligations by reason of the issuance thereof. L.1999,c.1…

13:8C-11. Establishment of reserves, funds, accounts 11. The trust may establish reserves, funds or accounts as may be, in its discretion, necessary or desirable to further the accomplishment of the purposes of the trust or to comply with the provisions of any agreement made by o…

13:8C-12. Pledge, covenant of State 12. The State does hereby pledge to and covenant and agree with the holders of any bonds, notes or other obligations issued or incurred pursuant to the authorization of this act that the State will not limit or alter the rights or powers hereby…

13:8C-13. Investment of moneys, funds in the trust 13. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and …

13:8C-14. Property of trust declared public 14. All property of the trust is declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision th…

13:8C-15. Annual fiscal report to Governor, Legislature; audits 15. On or before the first day of September in each year, commencing with the calendar year after the date of enactment of this act, the trust shall make an annual report of its activities for the preceding State fis…

13:8C-16. Services rendered to trust 16. All officers, departments, boards, agencies, divisions, and commissions of the State are hereby authorized and empowered to render any and all services to the trust as may be within the area of their respective governmental functions as fi…

13:8C-17. "Garden State Preservation Trust Fund Account" 17. a. There is established in the General Fund a special account to be known as the "Garden State Preservation Trust Fund Account." The State Treasurer shall credit to this account: (1) In each State fiscal year from State…

13:8C-18. Transfers for deposit to preservation trust funds 18. a. In each State fiscal year, from State fiscal year 2000 through and including State fiscal year 2009, the trust shall transfer to the State Treasurer for deposit into: (1) the Garden State Green Acres Preservation …

13:8C-18.1 Allocation of amount exceeding $1,000,000,000. 3. Of the total of up to $1,150,000,000 in proceeds raised by the trust from the issuance of bonds, notes or other obligations, and transferred by the trust to the State Treasurer and deposited by the State Treasurer into …

13:8C-19 "Garden State Green Acres Preservation Trust Fund." 19. The State Treasurer shall establish a fund to be known as the "Garden State Green Acres Preservation Trust Fund." The State Treasurer shall deposit into the fund all moneys transferred from the trust to the State Tr…

13:8C-2 Findings, declarations relative to open space, farmland, and historic preservation. 2. The Legislature finds and declares that enhancing the quality of life of the citizens of New Jersey is a paramount policy of the State; that the acquisition and preservation of open spa…

13:8C-20 "Garden State Farmland Preservation Trust Fund." 20. The State Treasurer shall establish a fund to be known as the "Garden State Farmland Preservation Trust Fund." The State Treasurer shall deposit into the fund all moneys transferred from the trust to the State Treasure…

13:8C-21 "Garden State Historic Preservation Trust Fund." 21. The State Treasurer shall establish a fund to be known as the "Garden State Historic Preservation Trust Fund." The State Treasurer shall deposit into the fund all moneys transferred from the Garden State Preservation T…

13:8C-22. Audits by State Auditor 22. a. The State Auditor shall conduct audits of the expenditures from the Garden State Green Acres Preservation Trust Fund, the Garden State Farmland Preservation Trust Fund, and the Garden State Historic Preservation Trust Fund as necessary to …

13:8C-23 Submission of recommendations, requests for funding. 23. a. (1) At least twice each State fiscal year, the Department of Environmental Protection shall submit to the trust a list of projects that the department recommends to receive funding from: the Garden State Green A…

13:8C-24 Office of Green Acres established. 24. a. (1) There is established in the Department of Environmental Protection the Office of Green Acres. The commissioner may appoint an administrator or director who shall supervise the office, and the department may employ such other …

13:8C-25 Biennial progress report to Governor, Legislature by the trust. 25. Within one year after the date of enactment of this act, and biennially thereafter until and including 2008, the Garden State Preservation Trust, after consultation with the Department of Environmental P…

13:8C-25.1 Submission of Open Space Master Plan. 5. a. Within one year after the date of enactment of P.L.2002, c.76 (C.13:8C-25.1 et al.), and annually thereafter, the Department of Environmental Protection, in consultation with the Office of State Planning in the Department of …

13:8C-26 Allocation of funds appropriated; conditions. 26. a. Moneys appropriated from the Garden State Green Acres Preservation Trust Fund to the Department of Environmental Protection shall be used by the department to: (1) Pay the cost of acquisition and development of lands b…

13:8C-27. Grants, loans to local government unit; conditions 27. a. (1) Any grant awarded by the State to a local government unit to acquire lands for recreation and conservation purposes shall be for 25% of the cost of acquisition, except that the trust may authorize an increase…

13:8C-27.1 Definitions relative to completely inclusive playgrounds. 4. a. As used in this section: "Commissioner" means the Commissioner of Environmental Protection. "Completely inclusive playground" means a playground designated for public use for children two to five years of …

13:8C-28. Use of power of eminent domain 28. The State shall not use the power of eminent domain in any manner for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part unless a concurrent resolu…

13:8C-29. Payments to municipalities in lieu of taxes for lands acquired using dedicated money 29. a. (1) (a) To the end that municipalities may not suffer a loss of taxes by reason of the acquisition and ownership by the State of lands in fee simple for recreation and conservati…

13:8C-3 Definitions relative to open space, farmland, and historical preservation. 3. As used in sections 1 through 42 of P.L.1999, c.152 (C.13:8C-1 to C.13:8C-42): "Acquisition" or "acquire" means the obtaining of a fee simple or lesser interest in land, including, but not limit…

13:8C-30. Payments to municipalities in lieu of taxes for lands acquired using other than dedicated money 30. a. With respect to lands acquired using any funding source other than constitutionally dedicated moneys, whether prior to the date of enactment of this act or thereafter,…

13:8C-31. Use of lands acquired, developed by State using dedicated money 31. Lands acquired or developed by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part shall not be conveyed, disposed of, or diverted to use for o…

13:8C-32. Use of lands acquired, developed by local government unit, tax exempt nonprofit organization using dedicated money; exceptions 32. a. Lands acquired or developed by a local government unit or a qualifying tax exempt nonprofit organization for recreation and conservation…

13:8C-33. Permissible actions by local government unit for other lands 33. a. For lands held by a local government unit for recreation and conservation purposes that were neither acquired nor developed for any of those purposes with any financial assistance from the State, and wh…

13:8C-34. Conveyance of land by local government unit, conditions 34. a. A local government unit may convey lands held by the local government unit for recreation and conservation purposes to the federal government, the State, another local government unit, or a qualifying tax ex…

13:8C-35. Conveyance of land acquired using dedicated money by State, county, local government unit, restrictions 35. a. No lands acquired or developed by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part may be conveye…

13:8C-36. Operation, maintenance of lands 36. A local government unit that receives a grant or loan for recreation and conservation purposes pursuant to this act shall satisfactorily operate and maintain the lands acquired or developed pursuant to the conditions of the agreement …

13:8C-37. Use of funds appropriated for farmland preservation. 37. a. Moneys appropriated from the Garden State Farmland Preservation Trust Fund to the State Agriculture Development Committee for farmland preservation purposes shall be used by the committee to: (1) provide grants…

13:8C-38 Acquisitions, grants with respect to farmland preservation. 38. a. All acquisitions or grants made pursuant to section 37 of P.L.1999, c.152 (C.13:8C-37) shall be made with respect to farmland devoted to farmland preservation under programs established by law. b. The exp…

13:8C-38.1 Solicitation of development easements, fee simple interests in farmland. 7. a. To accomplish the expenditure provisions required pursuant to section 38 of P.L.1999, c.152 (C.13:8C-38), and advance the preservation of important agricultural resources of the State, the S…

13:8C-38.2 Report of farms preserved through receipt of grants. 8. a. The State Agriculture Development Committee shall prepare and issue at least annually a report listing the farms preserved through the acquisition by the committee of development easements on farmland or the ac…

13:8C-39 Grant to qualifying tax exempt nonprofit organization for farmland. 39. a. The committee may provide a grant to a qualifying tax-exempt nonprofit organization for up to 50 percent of the cost of acquisition of (1) a development easement on farmland, provided that the ter…

13:8C-4. "Garden State Preservation Trust" 4. a. There is hereby established in but not of the Department of the Treasury a public body corporate and politic, with corporate succession, to be known as the "Garden State Preservation Trust." For the purpose of complying with the pr…

13:8C-40 Acquisition, permanent retirement of development easements on farmland. 40. a. The committee may acquire and permanently retire development easements on farmland. b. The committee shall evaluate the suitability of the acquisition of a development easement based upon the …

13:8C-40.1 Property acquired for farmland preservation of historic buildings, structures; terms defined. 1. a. Notwithstanding any law, rule, or regulation to the contrary, whenever the State, a local government unit, or a qualifying tax exempt nonprofit organization acquires, fo…

13:8C-40.2 Demolishing of historic building, structure prohibited, terms defined. 2. a. No historic building or structure located on farmland for which a development easement has been acquired by the State, a local government unit, or a qualifying tax exempt nonprofit organizatio…

13:8C-41. Use of moneys appropriated to New Jersey Historic Trust 41. a. Moneys appropriated from the Garden State Historic Preservation Trust Fund to the New Jersey Historic Trust for historic preservation purposes shall be used by the New Jersey Historic Trust to provide grants…