Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Requires condemnor to acquire road access easement for property owner if condemnation eliminates road access.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring a condemnor to acquire a road access easement for any property owner landlocked due to the condemnation and supplementing P.L.1971, c.361 (C.20:3-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. If a condemnation eliminates all public highway access to a property, the condemnor shall provide the affected property owner alternative access to a public highway through the acquisition, by purchase or condemnation, of an access easement. An action that would eliminate all public highway access to a property shall not be instituted unless the provision of alternative access to a public highway is included in the bona fide negotiations required pursuant to section 6 of P.L.1971, c.361 (C.20:3-6).
b. If a condemnation prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) eliminated all public highway access to a property, the condemnor shall, within 90 days of receipt of a petition by the affected property owner, initiate proceedings to provide the property owner alternative access to a public highway through the acquisition, by purchase or condemnation, of an access easement.
c. If, due to environmental restrictions or protections or topographical limitations, there is no suitable land available for an access easement required pursuant to subsection a. or b. of this section, the condemnor shall offer to acquire, by purchase or condemnation, the entire lot, block, or tract of the affected property. The condemnor may, alternatively, offer to exchange the property with another similar parcel having public highway access.
d. For the purposes of this section, “public highway” means all public highways, roads, and streets in the State, whether maintained by the State or by any county, municipality, or other political subdivision.
2. This act shall take effect immediately.
STATEMENT
This bill would require a condemnor to provide a public road access easement for the benefit of a property owner that can no longer access any public roads as a result of the condemnation of the portion of the property providing public highway access. It is the public policy of the State that all properties have access to public roads. Without such access, a property would be unusable and wasted. This bill would require a condemnor to provide alternative public highway access if the condemnation eliminates public road access or, if such access cannot be provided due to environmental restrictions or topographical limitations, the condemnor would have to offer to purchase the entire property of the affected property owner.