Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:37-172. Vote required for adoption All ballots so cast for or against the question shall be counted and the result thereof returned by the election officers, and the acceptance or rejection thereof shall be determined by the result thereof. If upon the canvass of all the votes…

40:37-173. Delivery of copy of statement and certificate to board of freeholders; appointment of commissioners If the provisions of sections 40:37-96 to 40:37-174 of this Title shall have been adopted at such election the county clerk shall within 5 days after the filing of his t…

40:37-174. Election expenses; payment by county All expenses incident to the election, properly certified by the county judge or if there are two or more county judges by all or a majority of them, of the county shall be paid by the county wherein the election is held in the same…

40:37-18. Rules and regulations effective throughout park; arrests; prosecutions Whenever by virtue of section 40:37-17 of this Title any park commission or other body has or shall have established any public park which is partly in another county, all ordinances, rules and regul…

40:37-19. Commissioners; terms; powers and duties; vacancies In any county having a population of more than one hundred and fifty thousand, the board of chosen freeholders may elect five persons, to be known as the county park commissioners, who shall hold their office for two ye…

40:37-195. Counties governed hereby; referendum; exception The provisions of sections 40:37-195 to 40:37-247 of this title shall apply to counties having a population of less than two hundred thousand and more than one hundred seventy-five thousand inhabitants, but shall remain i…

40:37-196. Commissioners; appointment, number and qualifications In any county containing a population of less than two hundred thousand and more than one hundred seventy-five thousand inhabitants, which is governed by sections 40:37-195 to 40:37-247 of this title, the board of c…

40:37-197. Commissioners; terms; vacancies Of the commissioners first appointed one shall hold office for one year, one for two years, one for three years, two for four years and two for five years. The term of office of each commissioner first appointed shall be fixed by his ord…

40:37-198. Commission a body politic; compensation and expenses; oaths The persons so appointed when duly qualified, constituting the board of park commissioners, and their successors, shall be a body politic, with power to sue and be sued, use a common seal and make by-laws. The…

40:37-199. Officers and employees; appointment and compensation The commission shall annually choose from among its members a president, vice president and treasurer, and appoint a clerk or secretary and such other officers and employees as it may deem necessary. It may also dete…

40:37-2. Commissioners' term lengths; alternates 40:37-2. Of the commissioners first appointed, if the commission is to consist of five members, one shall serve for one year, one for two years, one for three years, one for four years, and one for five years, and thereafter one co…

40:37-20. Assistants; limitation of expenditures The commissioners provided for in section 40:37-19 of this title may employ such assistants as they may deem necessary and may expend such sums therefor and in the discharge of their duties, including the actual traveling expenses …

40:37-200. Office; records; open to public inspection The commission shall have a suitable office where its maps, plans, documents, records and accounts shall be kept, open to public inspection under reasonable regulations.

40:37-201. Rules and regulations; penalties for violations The commission may make, alter, amend and repeal rules and regulations for the protection, regulation and control of the parks and parkways and the roads, driveways, sidewalks, paths, lakes, pools, ponds, fountains, trees…

40:37-201.1. Powers of commission as to use and enjoyment of parks; franchises; use of proceeds from operation The commission may provide and operate, or arrange for the operation of, such facilities for the use and enjoyment of its parks by the public as it may deem to be necess…

40:37-202. Park police; establishment; rules and regulations The commission may appoint and establish a constabulary to preserve order in the parks and parkways under its control, and to secure the enforcement of the rules and regulations passed and enacted by it, and may organiz…

40:37-202.1. Referendum to determine hours or salaries of county park police Whenever there shall be submitted to the board of chosen freeholders of any county having park police appointed pursuant to the provisions of subdivision E of article five of chapter thirty-seven of Titl…

40:37-203 Powers of park police. 40:37-203. The members and officers of the park police may arrest on view and without warrant, and conduct before the nearest police magistrate of the municipality in which the arrest is made, or a police magistrate of a neighboring municipality, …

40:37-204. Establishment and location of parks; acquisition of property The commission may acquire, maintain and make available to the public, parks and open spaces for public resort and recreation; locate such public parks and places within the limits of the county; and for thes…

40:37-205. Lands for parks; lease with option to purchase The commission may acquire by lease for a definite period, not exceeding ten years, lands for parks and open spaces for public resort and recreation, but all such leases shall contain an option to purchase the leased lands…

40:37-206. Surveys and maps of parks; records Before proceeding to purchase or condemn lands for a public park or place, the commission shall determine the location and quantity of land to be included in such park or place, and cause a survey thereof to be made together with a ma…

40:37-207. Condemnation for parks; law applicable Whenever the commission shall have determined to acquire any real estate or any right or interest therein for any public park or place which it has located as provided in sections 40:37-195 to 40:37-247 of this title, and cannot a…

40:37-208. Construction of roadways; acquisition of real estate 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 this purpose may exercise a…

40:37-209. 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 their office, showing the termini of each roadway, parkway or boulevard, …

40:37-21. Commissioners; appointment; terms; powers and duties; vacancies In any county having a population of more than two hundred thousand, the Superior Court assignment judge of the county may appoint five persons to be known as the county park commissioners, who shall hold t…

40:37-210. 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 a…

40:37-211. 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…

40:37-212. Commissioners; appointment; duties; oaths At the time and place specified in the notice provided for in section 40:37-211 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 …

40:37-213. 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 …

40:37-214. 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…

40:37-215. Rules of procedure The Supreme Court may make such rules for the regulation of the practice and procedure under sections 40:37-195 to 40:37-247 of this Title as it shall deem appropriate. Amended by L.1953, c. 37, p. 663, s. 95, eff. March 19, 1953.

40:37-216. Compensation of commissioners; expenses; inclusion in cost of improvement The court shall, upon application by the county park commissioners or on its own behalf, fix and determine the compensation to be paid the commissioners so appointed, and allow any other expense …

40:37-217. Benefits assessed deducted from damages awarded Whenever damages are awarded under the provisions of section 40:37-213 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 …

40:37-218. Award collected by suit Any person to whom an award shall be made may, subject to the deductions for benefits assessed, sue for and collect the award after it shall have been confirmed, in an action at law against the county park commissioners in any court of competent…

40:37-219. Assessments a lien; collection; action at law The county park commissioners may collect the assessments for benefits either by an action at law in the name of the commission against the person from whom it is due, together with the costs of making the same and interest…

40:37-22. Assistants; compensation and expenses The commissioners may employ such assistants as they deem necessary and expend such sums therefor and in the discharge of their duties, including the actual traveling expenses of the members, as they may deem expedient, not exceedin…

40:37-220. Assessments for benefits; disposition of funds; payment of bonds All sums of money received from assessments for benefits shall be set apart by the county park commission and devoted exclusively to the payment of bonds or obligations issued on its requisition, for the …

40:37-221. Assessments a lien until paid All assessments for benefits made under sections 40:37-195 to 40:37-247 of this title shall remain liens upon the real estate benefited, from the confirmation thereof until fully paid.

40:37-222. 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…

40:37-223. 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 …

40:37-224. Adjournment of sale; notice The commission may adjourn a sale from time to time by making proclamation thereof, and may proceed therewith on the adjourned day.

40:37-225. 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…

40:37-226. 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 40:37-227 of this title redeem the property from t…

40:37-227. Time for redemption; declaration of sale; contents; filing If at the expiration of three years no such redemption as is provided for in section 40:37-226 of this title is made, the commission shall, upon the surrender of the certificate of sale, execute and deliver to …

40:37-228. 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…

40:37-229. 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…