Bill Text: NJ A4343 | 2012-2013 | Regular Session | Introduced
Bill Title: Allows for sale of municipally owned preserved open space under certain circumstances to homeowners displaced as a result of severe repetitive loss events.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-09-09 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4343 Detail]
Download: New_Jersey-2012-A4343-Introduced.html
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Allows for sale of municipally owned preserved open space under certain circumstances to homeowners displaced as a result of severe repetitive loss events.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of municipally owned preserved open space under certain circumstances, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Beginning on October 28, 2012, the post-tropical storm commonly referred to as "Hurricane Sandy" struck New Jersey, producing unprecedented severe weather conditions, including enormous storm surges, devastating wind, and widespread flooding, crippling entire communities across New Jersey, and inflicting incalculable harm to the economy of this State;
b. The damage caused by Hurricane Sandy left much of the State particularly vulnerable in its aftermath and the devastation was only exacerbated by another severe weather event that occurred in the days that followed;
c. The damage caused by Hurricane Sandy was even more devastating as many residents in numerous communities throughout the State were still struggling to overcome the damage caused by Hurricane Irene that passed through New Jersey on August 27 and 28, 2011, followed shortly by Tropical Storm Lee;
d. Prior to Hurricane Sandy, Hurricane Irene had been described by the State climatologist as the second most damaging storm in New Jersey's recorded history after the Great Flood of 1903, having caused destruction and forcing widespread evacuation of residents and closure of offices and stores in many communities around the State;
e. In addition to the devastating effects experienced as a result of Hurricane Sandy, Hurricane Irene, and Tropical Storm Lee, the Delaware River, the Passaic River, and the Raritan River, and their respective tributaries, and many other areas throughout the State have been subject to severe and repetitive flooding over the years, causing property owners in impacted communities to endure significant property damage;
f. The acquisition of severely and repetitively storm-damaged properties throughout the State is in the best interests of the State to prevent future losses of life and property;
g. "Blue Acres" is the term used to refer to the acquisition, for recreation and conservation purposes, of lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage;
h. Under the Blue Acres Program, administered by the Office of Green Acres in the Department of Environmental Protection, structures on acquired property are demolished, the debris is removed, and the property is preserved for recreation and conservation purposes;
i. It is essential in communities throughout the State that have suffered severe repetitive flood damage to provide stability to the community, not only to its property tax base but also to provide a sense of normalcy to residents, especially to families with school children who wish to stay within their community and school district; and
j. To best ensure the public health, safety, and welfare while also preserving the vitality of communities throughout the State that have suffered severe and repetitive storm damage, contributing to the stability of the property tax base, and allowing children to remain in their current schools districts to provide stability and continuity to their everyday lives, it therefore behooves the State to authorize a municipality to sell lands, previously acquired by the municipality for recreation and conservation purposes, to a homeowner displaced as a result of severe repetitive flood loss events whose primary residence located within the jurisdictional boundaries of that municipality is acquired for Blue Acres purposes, if that homeowner wishes to relocate within the jurisdictional boundaries of that same municipality but is unable to find comparable property available for sale.
2. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, a municipality may sell lands, previously acquired by the municipality for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part, Green Acres bond act moneys in whole or in part, or its own funds to a landowner displaced as a result of severe repetitive flood loss events whose primary residence located within the jurisdictional boundaries of that municipality is acquired for Blue Acres purposes, if that landowner wishes to relocate within the jurisdictional boundaries of that same municipality but is unable to find comparable property available for sale.
The sale price for any lands that may be sold pursuant to this subsection shall be fair market value as determined by a licensed appraiser. Moneys received by a municipality for the sale of lands pursuant to this subsection shall be returned to the same funding source that provided the funding for the acquisition of the landowner's property for Blue Acres purposes.
b. (1) Lands that may be sold by a municipality pursuant to subsection a. of this section shall not have originally been acquired by the municipality for Blue Acres purposes.
(2) The sale of lands by a municipality as authorized pursuant to subsection a. of this section shall only be to the landowner whose property was acquired for Blue Acres purposes.
c. Lands sold by a municipality pursuant to this section shall not be deemed to constitute a disposal or diversion of those lands pursuant to section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), or section 32 or 33 of P.L.1999, c.152 (C.13:8C-32 or C.13:8C-33), as the case may be.
d. The sale of lands by a municipality pursuant to this section shall not be subject to the provisions of section 13 of P.L.1971, c.199 (C.40A:12-13), section 1 of P.L.1973, c.355 (C.40A:12-13.1), or section 2 of P.L.1975, c.73 (C.40A:12-13.2), as applicable.
e. As used in this section:
"Blue Acres purposes" means any project of the State to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and which is acquired using constitutional dedicated moneys in whole or in part or Green Acres bond act moneys in whole or in part, and or any subsequent funding that may be approved after the date of enactment of this act for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes, including lands that have incurred flood or storm damage or are likely to do so, or that may buffer or protect other properties from flood or storm damage.
"Constitutionally dedicated moneys" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3). "Fair market value" shall mean the fair market value at the time of the proposed conveyance.
"Green Acres bond act" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"Recreation and conservation purposes" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
3. This act shall take effect immediately.
STATEMENT
This bill would authorize a municipality to sell lands it previously acquired for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part, Green Acres bond act moneys in whole or in part, or its own funds, to a landowner displaced as a result of severe repetitive flood loss events whose primary residence located within the jurisdictional boundaries of that municipality is acquired for Blue Acres purposes, if that landowner wishes to relocate within that same municipality but is unable to find comparable property available for sale.
Numerous residents in communities throughout the State have endured property damage as a result of severe and repetitive flooding caused by Hurricane Sandy, Hurricane Irene, Tropical Storm Lee, and numerous other storm events. It is essential to provide stability to these residents and their communities, not only to their property tax base but also to provide a sense of normalcy to the residents, especially to families with school children who wish to stay within their community and school district. This bill would provide an option for those homeowners, whose property is acquired for Blue Acres purposes as a result of severe repetitive flood loss events, to relocate within the jurisdictional boundaries of that same municipality.
The sale price for any lands that may be sold would be fair market value as determined by a licensed appraiser, and the moneys received by a municipality for the sale of lands pursuant to the bill would be required to be returned to the same funding source that provided the funding for the acquisition of the landowner's property for Blue Acres purposes.
The bill provides that any lands that may be sold pursuant to the bill shall not have been originally acquired by the municipality for Blue Acres purposes, and the sale of lands by a municipality as authorized by the bill shall only be to the landowner whose property was acquired for Blue Acres purposes. Lands sold by a municipality pursuant to the bill would not be deemed to constitute a disposal or diversion of those lands pursuant to the provisions of current law.
Lastly, the bill exempts the sale of lands by a municipality pursuant to the bill from certain provisions of current law pertaining to the sale of lands by a municipality.
