Title 27, Title 27: HIGHWAYS

27:7-72. Short title This act shall be known and may be cited as the Uniform Transportation Replacement Housing and Relocation Act. L.1972, c. 47, s. 1, eff. July 1, 1972.

27:7-73. Relocation assistance program The purpose of this act is to establish a uniform program for the fair and equitable treatment of persons displaced by the acquisition of real property by the Department of Transportation and by local governmental units utilizing funds of th…

27:7-74. Definitions As used in this act: a. "Agency" means the entity public or private, including the State of New Jersey, Department of Transportation, counties, municipalities, and other public entities utilizing State or federal funds under an aid program administered by the…

27:7-75. Payments to displaced persons a. Whenever a program or project to be undertaken by an agency will result in the displacement of any person, the agency shall provide for the payment to the displaced person of: (1) Actual reasonable expenses in moving himself, his family, …

27:7-76. Additional payments to homeowners a. In addition to payments otherwise authorized by this act, the agency shall make an additional payment, within limits as established by regulations of the commissioner, in accordance with federal standards, to any displaced person who …

27:7-77. Other displaced occupants a. In addition to amounts otherwise authorized by this act, an agency shall make a payment to or for any person displaced from any dwelling not eligible to receive a payment under section 5 of P.L. 1972, c. 47 (C. 27:7-76), which dwelling was ac…

27:7-78. Relocation assistance advisory program a. Whenever the acquisition of real property for a program or project undertaken by the agency will result in displacement, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer th…

27:7-79. Comparable replacement dwelling assurance Whenever the acquisition of a dwelling for a program or project undertaken by an agency will result in the displacement of any person on or after the effective date of this section, the agency shall assure that, within a reasonab…

27:7-8. Existing contracts unaffected If at the time when it is proposed to take over a highway, a contract for work thereon shall have been awarded but the work thereunder not completed, the further operation of this chapter with respect to the highway or part thereof shall be s…

27:7-80. Funding for replacement dwellings a. If a project cannot proceed on a timely basis because comparable replacement dwellings are not available, and the agency determines that such dwellings cannot otherwise be made available, the agency may take such action as is necessar…

27:7-81. Payment deemed not income, resources No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the pu…

27:7-82. Coordination with other programs The payments authorized in this act shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on the effective date of this act and such payments ar…

27:7-83. Appeal procedure Any person or business concern aggrieved by any relocation procedure or determination concerning eligibility for relocation payments authorized by this act may appeal such determination to the commissioner or his designated appointee but any such appeal …

27:7-84. Rules, regulations a. To carry into effect the provisions of this act and to fully qualify the Department of Transportation for federal aid reimbursement under the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, including th…

27:7-85. Federal aid assistance, additional action to qualify department The commissioner is further authorized within the limits of funds and appropriations to take such additional action as may be required to fully qualify the department for any financial Federal aid assistance…

27:7-86. Appropriations There shall be made available from the funds appropriated to the Department of Transportation the sum of $100,000.00 for purposes of enabling the Right-of-Way Division to implement the provisions of this act. L.1972, c. 47, s. 15, eff. July 1, 1972.

27:7-87. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act in the application of such provision to persons or circumstances other than those to which is held invalid shall not be affected …

27:7-88. Repeals Sections 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 14 and 16 of P.L.1968, c. 393 are repealed, and all acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1972, c. 47, s. 17, eff. July 1, 1…

27:7-89. Short title Sections 1 through 10, inclusive, and sections 27, 28, 30, 31 and 32 of this act shall be known and may be cited as the "State Highway Access Management Act." L. 1989, c. 32, s. 1.

27:7-9. Reimbursement of counties for work done on roads taken over If, when a highway is taken over by the state under this chapter, a county shall have improved, reconstructed or made any extraordinary repairs upon it or any part thereof, under a contract awarded after March fi…

27:7-90. Findings, declarations The Legislature finds and declares that: a. The purpose of the State highway system is to serve as a network of principal arterial routes for the safe and efficient movement of people and goods in the major travel corridors of the State. b. The exi…

27:7-91. Access code a. The Commissioner of Transportation shall, within one year of the effective date of this amendatory and supplementary act, adopt as a regulation under the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), a State highway access manage…

27:7-92. Access permit a. Any person seeking to construct or open a driveway or public street or highway entering into a State highway shall first obtain an access permit from the commissioner. b. Every access permit, including street opening permits, in effect on the effective d…

27:7-93. Nonconforming lot access permit The commissioner shall issue a nonconforming lot access permit for a property a. on his own motion or b. after finding that: (1) the property otherwise would not be eligible for an access permit under the access code because of insufficien…

27:7-94. Revocation of permit; alternative access a. The commissioner may, upon written notice and hearing, revoke an access permit after determining that alternative access is available which meets the standards provided in subsection c. of this section for the property served b…

27:7-95. Expansion, change in use a. Any property owner who expands or changes the use of property subject to an access permit issued before the effective date of this amendatory and supplementary act shall be required to file an application for a new access permit if the expansi…

27:7-96. New subdivisions After adoption of the access code, as provided by section 3 of this amendatory and supplementary act, no property abutting a State highway shall be subdivided in a manner which would create additional lots abutting that highway unless all the abutting lo…

27:7-97. Provision of alternative access The Commissioner of Transportation and every county and municipality may build new roads or acquire access easements to provide alternative access to existing developed lots which have no other means of access except to a State highway. L.…

27:7-98. Acquisition of right of access In addition to any powers granted to him under this amendatory and supplementary act or any other provision of law, the commissioner may acquire, by purchase or condemnation, any right of access to any highway upon a determination that the …

27:7A-1. Definitions a. As used in this act: "Limited access highway" means a highway especially designed for through traffic over which abutters have no easement or right of light, air or direct access, by reason of the fact that their property abuts upon such way; "Commissioner…

27:7A-10. Designation as freeways of routes included in national system of interstate highways The State Highway Commissioner may designate as freeways, in accordance with chapter 83, Public Laws of 1945, routes in the State approved by the United States Department of Commerce, B…

27:7A-2. Limited access highway a. The commissioner shall construct every State highway, or portion thereof, located on new alignment as a limited access highway unless he shall determine that the public interest requires otherwise. b. When the commissioner or the governing body …

27:7A-3. Necessary property a. Property needed for any limited access highway is declared to be all those lands or interests therein required for the traveled way together with those lands or interests therein necessary or desirable for service, maintenance and protection of the …

27:7A-4.1. Acquisition of entire parcel In connection with the acquisition of property or property rights for any limited access highway or portion thereof, the commissioner, with respect to limited access highways under his jurisdiction, and the governing body of a county, with …

27:7A-5. Existing State highways The commissioner may, by order and after public hearing, designate any existing State highway, or portion thereof, a limited access highway and thereafter shall have the authority to acquire, either by purchase or condemnation, such property right…

27:7A-6. Restricted use The commissioner, with respect to limited access highways under his jurisdiction, and the governing body of a county, with respect to limited access highways under its jurisdiction, shall have the authority to restrict the use of roadways in limited access…

27:7A-8. Service facility sales, leases No commercial enterprises or activities shall be conducted by the commissioner or any other agency of the State within or on the property acquired for or in connection with a limited access highway, as defined in this act, nor shall such co…

27:7A-9. Additional powers The powers contained in this act are in addition to all the powers that the commissioner has at the time this act becomes effective and in addition to the powers granted to him by the "State Highway Access Management Act," P.L. 1989, c. 32 (C. 27:7-89 e…

27:8-1. Contracts between state and federal government; other parties The commissioner may apply to and contract with the United States government or any official thereof for aid in road work, and with the governing bodies of counties and other subdivisions of the state for doing…

27:8-2. Use of funds The commissioner may undertake to receive and apply any money received from the federal government for road work to any work he shall have authority to do.

27:8-3. Division of cost All work done with federal aid shall be done and paid for as provided by law, except as to the division of cost. The balance of the cost, after deducting the amount received or to be received as federal aid, shall be divided between the state and any gove…

27:8-4. Incurring liability; limitation The commissioner shall not incur any liability or otherwise commit the state to an expenditure in excess of the unrequisitioned balances of any funds at his disposal, available for road work, but after delivery of the contract from any gove…

27:8-5. Moneys kept separate Moneys received in accordance with the provision of a contract under this chapter shall be kept as a separate fund to be used only for the purpose for which it was received.

27:8-6. Commissioner authorized to accept federal funds; expenditure The commissioner may accept any funds allocated or granted to this state for expenditure by the department under the provisions of the national industrial recovery act or the emergency relief appropriation act o…

27:9-1. Construction of state highway routes by counties; consent required The board of chosen freeholders of any county in which a state highway route has or shall have been laid out by the state highway commissioner may, with the consent of the commissioner, construct and impro…

27:9-10. Contribution by county; reimbursement The state highway commissioner may accept from any such county any sum raised by the issuance of bonds pursuant to sections 27:9-8 to 27:9-12 of this title, and expend such sums for the improvement, betterment, reconstruction or resu…