Bill Text: NJ A5010 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires SADC and any local board acquiring farmland for preservation purposes to provide partial payment to landowner, in advance of settlement, to demonstrate good faith intent to proceed with settlement and acquisition.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-11-14 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A5010 Detail]
Download: New_Jersey-2024-A5010-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Co-Sponsored by:
Assemblyman Clifton
SYNOPSIS
Requires SADC and any local board acquiring farmland for preservation purposes to provide partial payment to landowner, in advance of settlement, to demonstrate good faith intent to proceed with settlement and acquisition.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State and local acquisitions of farmland, amending various parts of the statutory law, and supplementing P.L.1983, c.32 (C.4:1C-11 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Upon the committee's or a board's receipt of a landowner's completed application seeking to sell a development easement on, or fee simple title to, farmland for farmland preservation purposes, and prior to settlement on the proposed acquisition, the committee or board, as the case may be, shall award and disburse an advance payment, to the applicant landowner, following a determination by the committee or board that the purchase is likely to occur, in order to demonstrate the committee or board's good faith intention to proceed with settlement and to effectuate the State or local acquisition of the development easement or fee simple title, as the case may be, at the final negotiated purchase price determined pursuant to subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), and in compliance with all of the agreed-upon terms, contingencies, and conditions set forth in the final, negotiated purchase agreement.
b. An advance payment awarded pursuant to this section shall be disbursed to the landowner:
(1) in a single lump-sum payment; and
(2) in an amount equal to 20 percent of the appraised fair market value of the development easement or the fee simple title, as determined pursuant to subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), or, to the extent that a final purchase price has been negotiated and agreed-upon, in an amount equal to 20 percent of the higher of the appraised fair market value or the final negotiated purchase price of the development easement or the fee simple title, as the case may be, as determined pursuant to subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50).
c. Any sum of moneys distributed to a landowner, through a good faith advance payment awarded pursuant to this section:
(1) shall be deducted from the final negotiated purchase price that is required to be paid by the committee or the board, at the time of settlement, in order to effectuate the State or local acquisition of the development easement or fee simple title, as the case may be; or
(2) if the purchase agreement is voided, cancelled, or otherwise abandoned by either party prior to settlement, or if settlement otherwise does not occur, shall be fully repaid by the landowner to, and recouped by, the committee or board and dedicated for use thereby in financing other farmland acquisition projects.
d. (1) Any moneys due to the committee or board and owed by a landowner, as a result of the voiding, cancellation, abandonment, or other negation of settlement pursuant to paragraph (2) of subsection c. of this section, shall constitute a debt of the landowner to the State or locality, as the case may be, which debt may be recovered, from the landowner, by the respective committee or board to which the debt is owed. All owners of the subject property, at the time of incurrence of the debt thereon pursuant to paragraph (2) of subsection c. of this section, shall be jointly and severally liable for all costs recoverable pursuant to this subsection.
(2) An advance payment debt owed pursuant to paragraph (1) of this subsection shall constitute a lien on all property owned by the landowner. The lien shall attach when a notice of lien, incorporating the name of the landowner, and both a description of the subject property of the landowner for which the debt was incurred, pursuant to paragraph (2) of subsection c. of this section, and an identification of the amount of advance payment funds disbursed to the landowner, and any related costs expended by the committee or the board, either or both in endeavoring to prevent the settlement default that forms the basis of the debt, or to collect on the debt following settlement default, is duly filed with the county recording officer, as defined in N.J.S.46:1-1, in the county in which the subject property is located. Upon receipt of a notice of lien filed pursuant to this paragraph, the county recording officer shall promptly record, in the public records of the county in which the relevant property is located, a claim of lien stating the description of the property, the name and primary address of the owner of record, the amount due, and the date when due, as set forth in the notice of lien filed pursuant to this paragraph. Upon entry pursuant to this paragraph, the lien, in the amount committed by the committee or board for advance payment and related costs, shall attach to the revenues and all real and personal property of the landowner, whether or not the landowner is insolvent.
(3) A notice of lien filed and entered pursuant to this subsection, and affecting the property that is the subject of settlement default establishing the debt, pursuant to paragraph (2) of subsection c. of this section, shall create a lien having priority over all other claims or liens which are or have been filed against such subject property. A notice of lien filed pursuant to this subsection, and affecting any property of the landowner, other than the property that is the subject of settlement default establishing the debt pursuant to subsection c. of this section, shall create a lien having priority, from the day of the filing of the notice of the lien pursuant to paragraph (2) of this subsection, over all other claims and liens filed against the property, but shall not affect any valid lien, right, or interest in such property which is filed, in accordance with established procedure, prior to the filing of a notice of lien pursuant to this subsection.
(4) A lien filed and entered pursuant to this subsection shall be enforceable, through the sale of the subject property, in the same manner provided for the enforcement of a municipal lien pursuant to the "tax sale law," R.S.54:5-1 et seq., and the In Rem Tax Foreclosure Act (1948), P.L.1948, c.96 (C.54:5-104.29 et seq.), as appropriate.
2. Section 24 of P.L.1983, c.32 (C.4:1C-31) is amended to read as follows:
24. a. Any landowner applying to the board to sell a development easement pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) shall offer to sell the development easement at a price which, in the opinion of the landowner, represents a fair value of the development potential of the land for nonagricultural purposes, as determined in accordance with the provisions of P.L.1983, c.32 (C.4:1C-11 et al.).
b. Any offer shall be reviewed and evaluated by the board and the committee in order to determine the suitability of the land for development easement purchase. Decisions regarding suitability shall be based on the following criteria:
(1) Priority consideration shall be given, in any one county, to offers with higher numerical values obtained by applying the following formula:
nonagricultural - agricultural - landowner's
developmental value value asking price
---------------------------------------------------------------
nonagricultural - agricultural
development value value
(2) The degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture; and
(3) The degree of imminence of change of the land from productive agriculture to nonagricultural use.
The board and the committee shall reject any offer for the sale of development easements which is unsuitable according to the above criteria and which has not been approved by the board and the municipality.
c. Two independent appraisals paid for by the board shall be conducted for each parcel of land so offered and deemed suitable. The appraisals shall be conducted by independent, professional appraisers selected by the board and the committee from among members of recognized organizations of real estate appraisers. The appraisals shall determine the current overall value of the parcel for nonagricultural purposes, as well as the current market value of the parcel for agricultural purposes. The difference between the two values shall represent an appraisal of the value of the development easement. If Burlington County or a municipality therein has established a development transfer bank pursuant to the provisions of P.L.1989, c.86 (C.40:55D-113 et seq.) or if any county or any municipality in any county has established a development transfer bank pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the Highlands Water Protection and Planning Council has established a development transfer bank pursuant to section 13 of P.L.2004, c.120 (C.13:20-13), the municipal average of the value of the development potential of property in a sending zone established by the bank may be the value used by the board in determining the value of the development easement. If a development easement is purchased using moneys appropriated from the fund, the State shall provide no more than 80[%] percent, except 100[%] percent under emergency conditions specified by the committee pursuant to rules or regulations, of the cost of the appraisals conducted pursuant to this section.
d. Upon receiving the results of the appraisals, or in Burlington county or a municipality therein or elsewhere where a municipal average has been established under subsection c. of this section, upon receiving an application from the landowners, the board and the committee shall compare the appraised value, or the municipal average, as the case may be, and the landowner's offer and, pursuant to the suitability criteria established in subsection b. of this section, shall:
(1) [Approve] approve the application to sell the development easement and rank the application in accordance with the criteria established in subsection b. of this section; or
(2) [Disapprove] disapprove the application, stating the reasons therefor.
e. Upon approval by the committee and the board, the secretary is authorized to provide the board, within the limits of funds appropriated therefor, an amount equal to no more than 80[%] percent, except 100[%] percent under emergency conditions specified by the committee pursuant to rules or regulations, of the purchase price of the development easement, as determined pursuant to the provisions of this section. The board shall provide its required share [and], shall accept, in writing, the landowner's offer to sell the development easement, and shall contemporaneously award and disburse to the landowner, as required by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), an advance payment demonstrating the board's good faith intention to proceed with settlement on the accepted offer. The written notice of offer acceptance shall:
(1) cite the specific terms, contingencies, and conditions of the purchase;
(2) identify the fair market value of the development easement, as determined pursuant to subsection d. of this section or subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), as applicable, as well as the negotiated purchase price to be paid for acquisition thereof, to the extent that such negotiated purchase price has been finalized and agreed-upon;
(3) summarize the landowner's rights and responsibilities in relation to the receipt and repayment of the good faith advance payment being awarded thereto pursuant to this subsection and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(4) identify the dollar amount of the good faith advance payment to which the applicant landowner is entitled, pursuant to this subsection and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and include the calculations that were used to determine that advance payment amount.
f. (1) The landowner shall accept or reject the acceptance offer received pursuant to subsection e. of this section, within 30 days of receipt thereof. Any offer not accepted within that time shall be deemed rejected.
(2) Whenever the board's acceptance offer is deemed to have been rejected by the landowner pursuant to paragraph (1) of this subsection, the landowner shall repay to the board, and the board shall recoup in full, as provided by paragraph (2) of subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the good faith advance payment that was previously disbursed to the landowner, pursuant to subsection e. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with the rejected offer.
(3) The final, negotiated purchase price that is required to be paid, by the board, at the time of settlement on its proposed acquisition of a farmland development easement, shall be reduced by the sum of moneys previously disbursed to the landowner, through a good faith advance payment awarded for the same acquisition project, pursuant to subsection e. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. Any landowner whose application to sell a development easement has been rejected for any reason other than insufficient funds may not reapply to sell a development easement on the same land within two years of the original application.
h. [No] Except as provided in subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), no development easement shall be purchased at a price greater than the appraised value determined pursuant to subsection c. of this section or the municipal average, as the case may be.
i. The appraisals conducted pursuant to this section or the fair market value of land restricted to agricultural use shall not be used to increase the assessment and taxation of agricultural land pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
j. (1) In determining the suitability of land for development easement purchase, the board and the committee may also include as additional factors for consideration the presence of a historic building or structure on the land and the willingness of the landowner to preserve that building or structure, but only if the committee first adopts, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations implementing this subsection. The committee may, by rule or regulation adopted pursuant to the "Administrative Procedure Act," assign any such weight it deems appropriate to be given to these factors.
(2) The provisions of paragraph (1) of this subsection may also be applied in determining the suitability of land for fee simple purchase for farmland preservation purposes as authorized by P.L.1983, c.31 (C.4:1C-1 et seq.), P.L.1983, c.32 (C.4:1C-11 et seq.), and P.L.1999, c.152 (C.13:8C-1 et seq.).
(3) (a) For the purposes of paragraph (1) of this subsection: "historic building or structure" means the same as that term is defined pursuant to subsection c. of section 2 of P.L.2001, c.405 (C.13:8C-40.2).
(b) For the purposes of paragraph (2) of this subsection, "historic building or structure" means the same as that term is defined pursuant to subsection c. of section 1 of P.L.2001, c.405 (C.13:8C-40.1).
(cf: P.L.2004, c.120, s.44)
3. Section 5 of P.L.1988, c.4 (C.4:1C-31.1) is amended to read as follows:
5. a. Any landowner of farmland within an agricultural development area certified by the committee may apply to the committee to sell the fee simple absolute title at a price which, in the opinion of the landowner, represents a fair market value of the property.
b. The committee shall evaluate the offer to determine the suitability of the land for purchase. Decisions regarding suitability shall be based on the eligibility criteria for the purchase of development easements listed in section 24 of P.L.1983, c.32 (C.4:1C-31) and the criteria adopted by the committee and the board of that county. The committee shall also evaluate the offer taking into account the amount of the asking price, the asking price relative to other offers, the location of the parcel relative to areas targeted within the county by the board and among the counties, and any other criteria as the committee has adopted pursuant to rule or regulation. The committee may negotiate reimbursement with the county and include the anticipated reimbursement as part of the evaluation of an offer.
c. (1) The committee shall rank the offers according to the criteria to determine which, if any, should be appraised.
(2) The committee shall reject any offer for the purchase of fee simple absolute title determined unsuitable according to any criterion in this [subsection] section or adopted pursuant to this [subsection] section, or may defer decisions on offers with a low ranking[. The committee]; and shall state, in writing, its reasons for rejecting an offer.
d. (1) Appraisals of [the] each parcel, for which an offer has not been rejected pursuant to subsection c. of this section, shall be conducted to determine the parcel's fair market value [according to procedures adopted by regulation by the committee], in accordance with the provisions of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50).
(2) Following the appraisal of a parcel pursuant to paragraph (1) of this subsection, the committee shall provide written notice of offer acceptance to the applicant landowner, and shall contemporaneously award and disburse to the landowner, as required by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), an advance payment demonstrating the committee's good faith intention to proceed with settlement on the accepted offer. The written notice of offer acceptance shall: (a) cite the specific terms, contingencies, and conditions of the purchase; (b) identify the fair market value of the fee simple title, as determined pursuant to paragraph (1) of this subsection or subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), as applicable, as well as the negotiated purchase price to be paid for acquisition of the fee simple title, to the extent that such negotiated purchase price has been finalized and agreed-upon; (c) summarize the landowner's rights and responsibilities in relation to the receipt and repayment of the good faith advance payment being awarded thereto pursuant to this paragraph and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (d) identify the dollar amount of the good faith advance payment to which the applicant landowner is entitled, pursuant to this paragraph and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and include the calculations that were used to determine that advance payment amount.
e. [The] Based on the fair market value of each offered parcel, as identified pursuant to paragraph (1) of subsection d. of this section, the committee and landowner shall [notify the landowner of the fair market value and] negotiate the actual price to be paid by the committee, at settlement, for the purchase of the title in fee simple absolute. The final, negotiated purchase price that is agreed to be paid by the committee, pursuant to this paragraph, shall be reduced, at the time of settlement, by the sum of moneys previously disbursed thereby, to the landowner, through a good faith advance payment awarded thereto for the same acquisition project, pursuant to paragraph (2) of subsection d. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. Any land acquired by the committee pursuant to the provisions of this [amendatory and supplementary act] section shall be held of record in the name of the State and shall be offered for resale by the State, notwithstanding any other law, rule or regulation to the contrary, within a reasonable time of its acquisition with agricultural deed restrictions for farmland preservation purposes as determined by the committee pursuant to the provisions of [this act] P.L.1988, c.4 (C.4:1C-31.1 et al.).
g. The committee shall be responsible for the operation and maintenance of lands acquired and shall take all reasonable steps to maintain the value of the land and its improvements.
h. To the end that municipalities may not suffer loss of taxes by reason of acquisition and ownership by the State of New Jersey of property under the provisions of [this act] P.L.1988, c.4 (C.4:1C-31.1 et al.), the State shall pay annually on October 1 to each municipality in which property is so acquired and has not been resold a sum of money equal to the tax last assessed and last paid by the taxpayer upon this land and the improvement thereon for the taxable year immediately prior to the time of its acquisition. In the event that land acquired by the State pursuant to [this act] P.L.1988, c.4 (C.4:1C-31.1 et al.) had been assessed at an agricultural and horticultural use valuation in accordance with provisions of the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), at the time of its acquisition by the State, no rollback tax pursuant to section 8 of P.L.1964, c.48 (C.54:4-23.8) shall be imposed as to this land nor shall this rollback tax be applicable in determining the annual payments to be made by the State to the municipality in which this land is located.
All sums of money received by the respective municipalities as compensation for loss of tax revenue pursuant to this section shall be applied to the same purposes as is the tax revenue from the assessment and collection of taxes on real property of these municipalities, and to accomplish this end the sums shall be apportioned in the same manner as the general tax rate of the municipality for the tax year preceding the year of receipt.
(cf: P.L.2001, c.405, s.4)
4. Section 25 of P.L.1983, c.32 (C.4:1C-32) is amended to read as follows:
25. a. No development easement purchased pursuant to the provisions of [this act] P.L.1983, c.32 (C.4:1C-11 et al.) shall be sold, given, transferred, or otherwise conveyed in any manner, except in those cases when development easements have been purchased on land [included] in a farmland preservation program that is included in a sending zone established by a municipal development transfer ordinance adopted pursuant to P.L.1989, c.86 (C.40:55D-113 et al.).
b. Upon the purchase of the development easement by the board, the landowner shall cause a statement containing the conditions of the conveyance and the terms of the restrictions on the use and development of the land to be attached to and recorded with the deed of the land, in the same manner as the deed was originally recorded. These restrictions and conditions shall state that any development for nonagricultural purposes is expressly prohibited, shall run with the land and shall be binding upon the landowner and every successor in interest thereto.
c. At the time of settlement [of] on the purchase of a development easement, the landowner, the board, and the committee may agree upon and establish a payment schedule [of payment] which provides [that] for the landowner [may] to receive consideration for the easement, either in a lump sum[,] or in installments to be paid out over a period of up to 40 years from the date of settlement, provided that, if a schedule of installments is agreed upon, the State Comptroller each year shall retain in the fund, or the governing body each year shall retain, an amount of money sufficient to pay the landowner for the current year pursuant to the schedule. For installment purchases, [(1)] the landowner may annually receive [annually] interest on any unpaid balance remaining after the date of settlement, which interest shall accrue at a rate established in the installment contract; and [(2)] the committee shall make annual payments to the board in an amount equal to the committee's proportionate annual share of the purchase price of the development easement. The total amount of consideration disbursed to a landowner pursuant to this subsection, whether in a lump sum or on an installment basis, shall be reduced by the amount of consideration that has previously been disbursed thereto, through a good faith advance payment awarded for the same acquisition project, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. Nothing in this section shall prevent a board from receiving a lump sum from the committee and from thereafter establishing a schedule of installment payments with the landowner; provided, however, that the total amount of consideration authorized for disbursement on an installment basis, in any such case, shall be appropriately reduced by the amount of consideration previously disbursed to such landowner, through a good faith advance payment awarded thereto for the same acquisition project, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this
bill).
(cf: P.L.1999, c.163, s.1)
5. Section 1 of P.L.1999, c.180 (C.4:1C-43.1) is amended to read as follows:
1. a. There is established in the State Agriculture Development Committee a farmland preservation planning incentive grant program, the purpose of which shall be to provide grants to eligible counties and municipalities for farmland preservation purposes as authorized pursuant to this [act] section.
b. To be eligible to apply for a grant, a county or municipality shall:
(1) Identify project areas of multiple farms that are reasonably contiguous and located in an agriculture development area authorized pursuant to the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.);
(2) Establish an agricultural advisory committee. In the case of a county, the county agriculture development board shall serve this function. In the case of a municipality, members of a municipal agricultural advisory committee shall be appointed by the mayor with the consent of the municipal governing body, and the committee shall report to the municipal planning board. A municipal agricultural advisory committee shall be composed of at least three, but not more than five, members who shall be residents of the municipality, with a majority of the members actively engaged in farming and owning a portion of the land they farm. For the purposes of this paragraph, "mayor" shall mean the same as that term is defined pursuant to section 3.2 of P.L.1975, c.291 (C.40:55D-5);
(3) Establish and maintain a dedicated source of funding for farmland preservation pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.), or an alternative means of funding for farmland preservation, such as, but not limited to, repeated annual appropriations or repeated issuance of bonded indebtedness, which the State Agriculture Development Committee deems to be, in effect, a dedicated source of funding because of a demonstrated commitment on the part of the county or municipality; and
(4) In the case of a municipality, prepare a farmland preservation plan element pursuant to paragraph (13) of section 19 of P.L.1975, c.291 (C.40:55D-28) in consultation with the agriculture advisory committee established pursuant to paragraph (2) of this subsection.
c. In the event a municipality is seeking funding from the county toward the purchase of development easements, the municipality shall submit an application to the county agriculture development board. In all other cases, a municipality shall submit its application directly to the State Agriculture Development Committee.
d. A municipality, in submitting an application to the county agriculture development board or the State Agriculture Development Committee as appropriate, or a county, in submitting an application to the State Agriculture Development Committee, shall outline a multi-year plan for the purchase of multiple farms in a project area and indicate its annual share of the estimated purchase price. The municipality, in order to enhance its application, may submit its proposal jointly with one or more contiguous municipalities if the submission would result in the preservation of a significant area of reasonably contiguous farmland. The application shall include, in the case of a municipality, a copy of the farmland preservation plan element prepared pursuant to paragraph (13) of section 19 of P.L.1975, c.291 (C.40:55D-28); an estimate of the cost of purchasing development easements on all of the farms in a designated project area, to be determined in consultation with the county agriculture development board or through an appraisal for the entire project area; and an inventory showing the characteristics of each farm in the project area which may include, but need not be limited to, size, soils and agricultural use.
e. The State Agriculture Development Committee shall make decisions regarding suitability for funding of development easement purchases for planning incentive grants based on whether the project area provides an opportunity to preserve a significant area of reasonably contiguous farmland that will promote the long term viability of agriculture as an industry in the municipality or county. After the State Agriculture Development Committee has given approval to an application, the municipality or county shall submit [two] appraisals for each parcel for which funding is requested, in conformance with the provisions of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50). [The appraisals shall be conducted pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31).] Approved funding shall be allocated by the municipality, the county, and the State to each parcel in the project area under an agreement that commits each level of government to a specific payment in each of the years included in the plan for purchase. Each such proportional payment agreement shall also include provisions committing each level of government to provide a specific share of the good faith advance payment that is required to be awarded and disbursed to each landowner in the project area, in advance of settlement on the landowner's parcel, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Nothing in this [act] section shall be construed to require that any parcel in a project area receive a price per acre that is the same as any other parcel in that project area or that any parcel must be purchased with installment payments because other parcels in the project area are so purchased.
f. Purchases of development easements on farmland, pursuant to this [act] section, shall be made with the approval of the State Agriculture Development Committee and the municipality, and in the event county funds are provided, with the approval of the county agriculture development board.
g. If a county does not provide funding toward the purchase of the development easement, the State Agriculture Development Committee shall hold title to the development easement.
h. The State Agriculture Development Committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this [act] section, and shall establish ranking and funding criteria separately from, but similar to, those used in the program established pursuant to P.L.1983, c.32 (C.4:1C-11 et seq.), except that the ranking and funding criteria established for purposes of this section shall be [applied] applicable to the project area as a whole, and not to individual parcels, and priority shall be given to those applications that utilize option agreements, installment purchases, donations, [and] or other methods for the purpose of leveraging monies made available by P.L.1999, c.152 (C.13:8C-1 et al.).
(cf: P.L.1999, c.180, s.1)
6. Section 20 of P.L.1999, c.152 (C.13:8C-20) is amended to read as follows:
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 Treasurer for deposit into the fund pursuant to paragraph (2) of subsection a. of section 18 of [this act] P.L.1999, c.152 (C.13:8C-18) and any other moneys appropriated by law for deposit into the fund. Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund. Such grants, contributions, donations, and reimbursements from federal aid programs and from other public or private sources as may be used lawfully for the purposes of section 37 of [this act] P.L.1999, c.152 (C.13:8C-37) shall also be held in the fund, but shall be expended in accordance with any purposes for which the moneys were designated and in compliance with any conditions or requirements attached thereto. The moneys in the fund are specifically dedicated and shall be applied to the cost of the purposes set forth in section 37 of [this act] P.L.1999, c.152 (C.13:8C-37). Moneys in the fund shall not be expended except in accordance with appropriations from the fund made by law. Notwithstanding the provisions of this section, or the provisions of any other law, rule, or regulation, to the contrary, an appropriate portion of moneys held in the fund may be annually allocated, by the committee, to finance the advance payments that are required to be awarded and disbursed to applicant landowners, on a tentative, contingency basis, and in advance of settlement, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with any State or local project which is undertaken for the purposes set forth in section 37 of P.L.1999, c.152 (C.13:8C-37). Unexpended moneys due to project withdrawals, cancellations, or cost savings, including unexpended moneys that have been tentatively expended for good faith advance payment purposes, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), but which have been repaid by and recouped from the landowner due to project withdrawal or cancellation, shall be returned to the fund, except as otherwise provided pursuant to paragraph (3) of subsection b. of section 23 of [this act] P.L.1999, c.152 (C.13:8C-23), to be used for the purposes of the fund.
(cf: P.L.2005, c.281, s.3)
7. Section 38 of P.L.1999, c.152 (C.13:8C-38) is amended to read as follows:
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 expenditure and allocation of constitutionally dedicated moneys for farmland preservation purposes shall reflect the geographic diversity of the State to the maximum extent practicable and feasible.
c. The committee shall implement the provisions of section 37 of P.L.1999, c.152 (C.13:8C-37) in accordance with the ranking and funding procedures and criteria established pursuant to the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.), and in accordance with the advance payment procedures and requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), except as provided otherwise by P.L.1999, c.152 (C.13:8C-1 et seq.).
d. The committee shall adopt the same or a substantially similar method for determining, for the purposes of P.L.1999, c.152 (C.13:8C-1 et seq.), the committee's share of the cost of a development easement on farmland to be acquired by a local government as that which is being used by the committee on the date of enactment of P.L.1999, c.152 (C.13:8C-1 et seq.) for prior farmland preservation funding programs.
e. Notwithstanding the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31) or P.L.1999, c.152 (C.13:8C-1 et seq.), or any rule or regulation adopted pursuant thereto to the contrary, whenever the value of a development easement on farmland to be acquired using constitutionally dedicated moneys in whole or in part is determined based upon the value of any pinelands development credits allocated to the parcel pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) and the pinelands comprehensive management plan adopted pursuant thereto, the committee shall determine the value of the development easement by:
(1) conducting a sufficient number of fair market value appraisals as it deems appropriate to determine the value for farmland preservation purposes of the pinelands development credits;
(2) considering development easement values in counties, municipalities, and other areas (a) reasonably contiguous to, but outside of, the pinelands area, which in the sole opinion of the committee constitute reasonable development easement values in the pinelands area for the purposes of this subsection, and (b) in the pinelands area where pinelands development credits are or may be utilized, which in the sole opinion of the committee constitute reasonable development easement values in the pinelands area for the purposes of this subsection;
(3) considering land values in the pinelands regional growth areas;
(4) considering the importance of preserving agricultural lands in the pinelands area; and
(5) considering such other relevant factors, including the rate of inflation, as may be necessary to increase participation in the farmland preservation program by owners of agricultural lands located in the pinelands area.
f. No pinelands development credit that is acquired or obtained in connection with the acquisition of a development easement on farmland or fee simple title to farmland by the State, a local government unit, or a qualifying tax exempt nonprofit organization using constitutionally dedicated moneys in whole or in part may be conveyed in any manner. All such pinelands development credits shall be retired permanently.
g. (Deleted by amendment, P.L.2010, c.70)
h. Any farmland for which a development easement or fee simple title has been acquired pursuant to section 37 of P.L.1999, c.152 (C.13:8C-37) shall be entitled to the benefits conferred by the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et al.) and the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.).
i. (Deleted by amendment, P.L.2010, c.70)
j. (1) Commencing on the date of enactment of P.L.2004, c.120 (C.13:20-1 et al.) and through June 30, 2024 for lands located in the Highlands Region as defined pursuant to section 3 of P.L.2004, c.120 (C.13:20-3), when the committee, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire a development easement on farmland or the fee simple title to farmland for farmland preservation purposes using constitutionally dedicated moneys in whole or in part, Green Acres bond act moneys in whole or in part, or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.) in whole or in part, it shall conduct or cause to be conducted an appraisal or appraisals of the value of the lands that shall be made using (a) the land use zoning of the lands, and any State environmental laws or Department of Environmental Protection rules and regulations that may affect the value of the lands, subject to the appraisal and in effect at the time of proposed acquisition, and (b) the land use zoning of the lands, and any State environmental laws or Department of Environmental Protection rules and regulations that may affect the value of the lands, subject to the appraisal and in effect on January 1, 2004. The higher of those two values shall be utilized by the committee, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to the acquisition price for the lands. The landowner shall be provided with both values determined pursuant to this paragraph.
A landowner may waive any of the requirements of this paragraph and may agree to sell the lands for less than the values determined pursuant to this paragraph.
The provisions of this paragraph shall be applicable only to lands the owner of which at the time of proposed acquisition is the same person who owned the lands on the date of enactment of P.L.2004, c.120 (C.13:20-1 et al.) and who has owned the lands continuously since that enactment date, or is an immediate family member of that person.
(2) (Deleted by amendment, P.L.2010, c.70)
(3) The requirements of this subsection shall be in addition to any other requirements of law, rule, or regulation not inconsistent therewith.
(4) This subsection shall not:
(a) apply in the case of lands to be acquired with federal moneys in whole or in part;
(b) (Deleted by amendment, P.L.2010, c.70); or
(c) alter any requirements to disclose information to a landowner pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).
(5) For the purposes of this subsection, "immediate family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption.
k. The committee and the Department of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall jointly adopt rules and regulations that establish standards and requirements regulating any improvement on lands acquired by the State for farmland preservation purposes using constitutionally dedicated moneys to assure that any improvement does not diminish the protection of surface water or groundwater resources.
Any rules and regulations adopted pursuant to this subsection shall not apply to improvements on lands acquired prior to the adoption of the rules and regulations.
l. (1) The committee, within three months after the date of the first meeting of the Highlands Water Protection and Planning Council established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4), shall consult with and solicit recommendations from the council concerning farmland preservation strategies and acquisition plans in the Highlands Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3).
The council's recommendations shall also address strategies and plans concerning establishment by the committee of a methodology for prioritizing the acquisition of development easements and fee simple titles to farmland in the Highlands preservation area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), for farmland preservation purposes using moneys from the Garden State Farmland Preservation Trust Fund, especially with respect to farmland that has declined substantially in value due to the implementation of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.). The recommendations may also include a listing of specific parcels in the Highlands preservation area that the council is aware of that have experienced a substantial decline in value and for that reason should be considered by the committee as a priority for acquisition, but any such list shall remain confidential notwithstanding any provision of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary.
(2) In prioritizing applications for funding submitted by local government units in the Highlands planning area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), to acquire development easements on farmland in the Highlands planning area using moneys from the Garden State Farmland Preservation Trust Fund, the committee shall accord a higher weight to any application submitted by a local government unit to preserve farmland in a municipality in the Highlands planning area that has amended its development regulations in accordance with section 13 of P.L.2004, c.120 (C.13:20-13) to establish one or more receiving zones for the transfer of development potential from the Highlands preservation area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), than that which is accorded to comparable applications submitted by other local government units to preserve farmland in municipalities in the Highlands planning area that have not made such amendments to their development regulations.
m. Notwithstanding any provision of P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, for State fiscal years 2005 through 2009, the sum spent by the committee in each of those fiscal years for the acquisition by the committee of development easements and fee simple titles to farmland for farmland preservation purposes using moneys from the Garden State Farmland Preservation Trust Fund in each county of the State shall be not less, and may be greater if additional sums become available, than the average annual sum spent by the department therefor in each such county, respectively, for State fiscal years 2002 through 2004, provided there is sufficient and appropriate farmland within the county to be so acquired by the committee for such purposes.
(cf: P.L.2023, c.245, s.1)
8. Section 40 of P.L.1999, c.152 (C.13:8C-40) is amended to read as follows:
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 eligibility criteria listed in section 24 of P.L.1983, c.32 (C.4:1C-31) and any other criteria that may be adopted by the committee.
c. (1) Appraisals, when used to determine the fair market value of a development easement to be acquired by the committee, shall be conducted by appraisers approved by the committee and in a manner consistent with the process set forth in subsection c. of section 24 of P.L.1983, c.32 (C.4:1C-31); and
(2) Advance payments, when used to demonstrate the committee's good faith intention to proceed with settlement and final acquisition of a farmland development easement, shall be awarded and disbursed to the landowner, and shall be repaid to the committee or deducted from the final, negotiated purchase price that is required to be paid thereby at the time of settlement, as appropriate, in a manner consistent with the process set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the rules and regulations adopted pursuant thereto.
d. Any development easement acquired by the committee shall be held of record in the name of the committee.
(cf: P.L.2001, c.405, s.6)
9. Section 8 of P.L.2016, c.12 (C.13:8C-50) is amended to read as follows:
8. a. The State Treasurer shall establish a fund to be known as the "Preserve New Jersey Farmland Preservation Fund" and shall deposit all moneys received pursuant to paragraph (3) of subsection a. of section 5 of P.L.2016, c.12 (C.13:8C-47), paragraph (2) of subsection a. of section 1 of P.L.2019, c.136 (C.13:8C-47.1), and any other moneys appropriated by law for deposit into the fund.
Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund.
b. (1) The moneys in the fund are specifically dedicated and shall be used for the same purposes as those set forth in section 37 of P.L.1999, c.152 (C.13:8C-37) and as provided in [paragraph (2) of] this subsection.
(2) Of the moneys deposited into the Preserve New Jersey Farmland Preservation Fund: (a) in State fiscal year 2017 through and including State fiscal year 2019, up to three percent shall be allocated by the committee on an annual basis for stewardship activities; and (b) commencing in State fiscal year 2020 and annually thereafter, up to four percent shall be allocated by the committee on an annual basis for stewardship activities.
(3) Notwithstanding any provision of P.L.2016, c.12 (C.13:8C-43 et seq.) to the contrary, stewardship activities undertaken on farmland on which (a) the pinelands development credits have been acquired pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and the pinelands comprehensive management plan adopted pursuant thereto, or the development rights have been acquired pursuant to a transfer of development rights program for the Highlands Region established pursuant to section 13 of P.L.2004, c.120 (C.13:20-13), and (b) there is deed restriction approved by the committee, shall be eligible for funding pursuant to paragraph (2) of this subsection.
(4) Notwithstanding the provisions of this section, or the provisions of any other law, rule, or regulation, to the contrary, an appropriate portion of moneys held in the fund may be annually allocated, by the committee, to finance the advance payments that are required to be awarded and disbursed to applicant landowners, on a tentative, contingency basis, and in advance of settlement, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with any State or local project which is undertaken for the purposes set forth in section 37 of P.L.1999, c.152 (C.13:8C-37).
c. Moneys in the fund shall not be expended except in accordance with appropriations from the fund made by law. Any act appropriating moneys from the Preserve New Jersey Farmland Preservation Fund shall identify any particular project or projects to be funded by the moneys, and any expenditure for a project for which the location is not identified by municipality and county in the appropriation shall require the approval of the Joint Budget Oversight Committee, or its successor, except as permitted otherwise in accordance with the same exceptions as those specified in paragraph (2) of subsection b. of section 23 of P.L.1999, c.152 (C.13:8C-23).
d. Unexpended moneys due to project withdrawals, cancellations, or cost savings, including unexpended moneys that have been tentatively expended for good faith advance payment purposes, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), but which have been repaid by and recouped from the landowner due to project withdrawal or cancellation, shall be returned to the fund.
e. Notwithstanding the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31) or section 38 of P.L.1999, c.152 (C.13:8C-38), or any rule or regulation adopted pursuant thereto, to the contrary, when the committee, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire a development easement on, or fee simple title to, farmland using, in whole or in part, monies deposited into the Preserve New Jersey Farmland Preservation Fund, the Garden State Farmland Preservation Trust Fund established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20), or any other State monies provided for farmland preservation purposes, the value of the development easement, or fee simple title, as applicable, shall be determined by the following:
(1) the procedure set forth in section 24 of P.L.1983, c.32 (C.4:1C-31);
(2) a value determined in accordance with a formula, to be known as the "Statewide Farmland Preservation Formula," which formula is established by rule or regulation adopted by the committee, pursuant to subsection f. of this section, and includes:
(a) conducting or analyzing a sufficient number of fair market value appraisals of agricultural lands within the municipality in which the land is located, or the surrounding market area, or both, as the committee deems appropriate to determine the value of the land for farmland preservation;
(b) considering farmland and development easement values in counties and municipalities reasonably contiguous to, but outside of, the municipality in which the land to be acquired is located, which in the sole opinion of the committee constitute reasonable farmland and development easement values for the purposes of this subsection;
(c) considering the importance of preserving agricultural lands in the municipality and county in which the land is located;
(d) considering the status and value of natural resources in the municipality and county in which the land is located, and in counties and municipalities that are reasonably contiguous to, but outside of, the municipality and county in which the land is located;
(e) considering such other relevant factors as may be necessary to increase participation in the farmland preservation program by owners of agricultural lands located in the municipality and county in which the land is located, including, but not limited to, the rate of inflation, the quality of the agricultural soils, the size of the agricultural lands to be acquired, and the risk of conversion of the land from productive agriculture to nonagricultural use; and
(f) providing additional value for the proximity of agricultural lands located adjacent to preserved agricultural lands, lands preserved for recreation and conservation purposes, aquifer recharge areas, lands subject to development or conservation easements, and lands whose conversion to nonagricultural use would lead to conflicting land uses, including, but not limited to, utility and roadway rights-of-way, military bases, and airports and associated airspace; and, if applicable,
(3) (a) in the case of property located in the pinelands area, whenever the value of a development easement on farmland to be acquired is determined based upon the value of any pinelands development credits allocated to the parcel pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) and the pinelands comprehensive management plan adopted pursuant thereto, the value determined by the committee pursuant to subsection e. of section 38 of P.L.1999, c.152 (C.13:8C-38); or
(b) in the case of property located in the Highlands Region, the value determined pursuant to subsection j. of section 38 of P.L.1999, c.152 (C.13:8C-38).
The landowner shall be provided with the values determined pursuant to paragraphs (1) and (2) of this subsection, and if applicable, the value determined pursuant to paragraph (3) of this subsection. The higher of the values shall be utilized by the committee, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to the [acquisition] final purchase price that is to be paid to effectuate the acquisition of the development easement or fee simple title, as the case may be. A landowner may waive any of the requirements of this subsection and may agree to sell the lands for less than the values determined pursuant to this subsection.
f. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the committee shall, immediately upon filing proper notice with the Office of Administrative Law, adopt rules and regulations to establish the "Statewide Farmland Preservation Formula" required pursuant to paragraph (2) of subsection e. of this section. The rules and regulations adopted pursuant to this subsection shall be in effect for a period not to exceed three years after the date of the filing. These rules and regulations shall thereafter be adopted, amended, or readopted by the committee in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
(cf: P.L.2023, c.245, s.2)
10. The State Agriculture Development Committee shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
11. This act shall take effect immediately.
STATEMENT
This bill would amend and supplement the State's farmland preservation laws in order to require State and local purchasers of farmland development easements and fee simple titles to tentatively provide applicant landowners, in advance of settlement, with a portion of the total funds that are to be paid by the State or local purchaser for acquisition of the development easement or fee simple title.
Specifically, the bill would provide that, whenever the State Agriculture Development Committee (committee) or a county agriculture development board or subregional agricultural retention board (board) receives a landowner's completed application seeking to sell thereto a development easement on, or fee simple title to, farmland for farmland preservation purposes, and prior to settlement on the proposed acquisition, the committee or board, as the case may be, will be required to award and disburse an advance payment, to the applicant landowner, demonstrating the committee or board's good faith intention to proceed with settlement and to, thereby, effectuate the State or local acquisition of the development easement or fee simple title at the final negotiated purchase price, as determined pursuant to subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), in compliance with all of the agreed-upon terms, contingencies, and conditions set forth in the final, negotiated purchase agreement. An advance payment awarded under the bill would be disbursed to the landowner: 1) in a single lump-sum payment; and 2) in an amount that is equal to 20 percent of the appraised fair market value of the development easement or the fee simple title, or, to the extent that a final purchase price has been negotiated and agreed-upon, in an amount that is equal to 20 percent of the higher of the appraised fair market value or the final negotiated purchase price of the development easement or the fee simple title, as the case may be.
Any sum of moneys which is distributed to a landowner, through a good faith advance payment awarded under the bill:
1) is to be deducted from the final negotiated purchase price required to be paid, by the committee or the board, at the time of settlement on the State or local farmland acquisition project; or
2) if the purchase agreement is voided, cancelled, or otherwise abandoned by either party prior to settlement, or if settlement otherwise does not occur, is to be fully repaid by the landowner to, and recouped by, the committee or board, and dedicated for use in financing other State and local farmland acquisition projects.
The bill would further provide, moreover, that any advance payment funds which are owed by a landowner and are due to be repaid to the committee or board, as a result of the voiding, cancellation, abandonment, or other negation of a settlement agreement for the acquisition of a farmland development easement or fee simple title, will constitute a debt of the landowner to the State or locality, as the case may be, which may be recovered, from the landowner, by the respective committee or board to which the debt is owed. All owners of the subject property, at the time of incurrence of the debt thereon (i.e., at the time of settlement default), would be jointly and severally liable for all recoverable debt-related costs, as set forth in the bill.
Under the bill's provisions, any moneys that are due to the committee or board and owed by a landowner, as a result of the voiding, cancellation, abandonment, or other negation of settlement on the acquisition of a farmland development easement or fee simple title, would constitute a debt of the landowner to the State or locality, as the case may be, which debt may be recovered, from the landowner, by the respective committee or board to which the debt is owed.
An advance payment debt owed by a landowner, under the bill's provisions, would constitute a lien on all property owned by the landowner. The lien would attach whenever a notice of lien, incorporating the name of the landowner, and both a description of the subject property of the landowner for which the debt was incurred, and an identification of the amount of advance payment funds disbursed to the landowner, as well as any related costs expended by the committee or the board, is duly filed with the county register of deeds and mortgages or other county clerk (county recording officer), as applicable. Upon receipt of a notice of lien filed pursuant to this paragraph, the county recording officer would be required to promptly record, in the public records of the county in which the relevant property is located, a claim of lien stating the description of the property, the name and primary address of the owner of record, the amount due, and the date when due, as set forth in the notice of lien filed by the committee or board. Such lien, in the amount committed by the committee or board for advance payment and related costs, would be understood to attach to the revenues and all real and personal property of the landowner, whether or not the landowner is insolvent.
The bill would provide that any notice of lien, filed and entered under the bill and affecting the property that is the subject of settlement default establishing the debt, would create a lien having priority over all other claims or liens which are or have been filed against such subject property. However, any such notice of lien that affects any property of the landowner, other than the property that is the subject of settlement default establishing the debt, would create a lien that has priority, from the day of the filing of the notice of the lien, over all other claims and liens filed against the property, but which would not affect any valid lien, right, or interest in such property that has been filed, in accordance with established procedure, prior to the filing of a notice of lien under the bill's provisions.
A lien entered under the bill would be enforceable, through the sale of the subject property, in the same manner provided for the enforcement of municipal liens pursuant to the State's existing "tax sale law," R.S.54:5-1 et seq., and In Rem Tax Foreclosure Act (1948), P.L.1948, c.96 (C.54:5-104.29 et seq.), as appropriate.
