ASSEMBLY, No. 601

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblyman  SEAN T. KEAN

District 30 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Exempts sales of county property from certain requirements under certain circumstances.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning certain sales of county property that are no longer needed for county purposes and amending P.L.1993, c.36.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1993, c.36 (C.40A:12-13.5) is amended to read as follows:

     1.    a.  [In]  Except as provided in subsection c. of this section, in addition to any other applicable requirements of law, no county may sell, lease for a term of 20 years or more, or exchange any real property or capital improvement for any purpose unless the county first: 

     (1)   Prepares a report identifying the reasons for, and all advantages and disadvantages and benefits and detriments of, the proposed sale, lease, or exchange; assessing the environmental and recreational impact of that proposed sale, lease, or exchange, including, but not limited to, the impact on endangered species and nongame species as defined and regulated pursuant to P.L.1973, c.309 (C.23:2A-1 et seq.), and endangered plant species as defined and regulated pursuant to P.L.1989, c.56 (C.13:1B-15.151 et seq.); and assessing the environmental and economic value of the real property or capital improvement proposed to be sold, leased, or exchanged under both its current and proposed use; 

     (2)   Makes the report required to be prepared pursuant to paragraph (1) of this subsection available upon request, at no cost or at the cost of reproduction, to the public at least 30 days in advance of the date of the first scheduled public hearing required pursuant to paragraph (3) of this subsection, and at each of the two public hearings; and 

     (3)   Conducts two public hearings on the proposed sale, lease, or exchange at least 14 days apart and at least 90 days in advance of the date of the proposed sale, lease, or exchange.  Of the two public hearings, one shall be held in the county seat, and the other in the municipality wherein the real property or capital improvement proposed to be sold, leased, or exchanged is located or, if that is not practicable, in a municipality as close thereto as can reasonably be arranged.  At each such hearing, the county shall explain the proposed sale, lease, or exchange and indicate the consideration to be received by the county for agreeing to the proposed sale, lease, or exchange.

     Notwithstanding the provisions of this paragraph to the contrary, in the case of real property or a capital improvement that is proposed to be sold, leased, or exchanged which is located within the municipality that serves as the county seat, only one public
hearing need be held.

     b.    The county may assess and collect a reasonable fee from any person to whom real property or a capital improvement may be sold, leased, or exchanged pursuant to this act, which fee shall cover the administrative and any other costs incurred by the county in complying with the provisions and requirements of this act.  The fee shall be payable whether or not the real property or capital improvement is in fact eventually sold, leased, or exchanged to such person.

     c.     (1) This section shall not apply to the private sale and conveyance of real property to a local unit, including but not limited to a private sale and conveyance of all or a part of a tract of land, with or without improvements, to a municipality in accordance with section 1 of P.L.1975, c.75 (C. 40A:12-13.3).

     (2)   This section shall not apply to the conveyance of all or a part of a tract of land improved or unimproved to the board of education of a Type II school district in accordance with section 19 of P.L.1971, c.199 (C.40A:12-19), so long as the school board members are directly elected by the voters.

     (3)   For the purposes of this subsection:

     "Local unit" means a municipality or county and any board, commission, council, district, or other body created by a municipality or county if the governing body of the board, commission, council, district, or other body is comprised of members who are directly elected by the voters.

(cf: P.L.1993, c.36, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under current law, whenever a county wants to sell real property that it no longer needs, the county must prepare a report: identifying the reasons for the proposed sale; assessing the environmental and recreational impact of that proposed sale; and assessing the environmental and economic value of the real property proposed to be sold.  Current law requires the county to make the report available to the public and to conduct two public hearings on the proposed sale.  The county must provide notice of the hearings by newspaper publication and by mail to owners of property located near the property proposed to be sold.

     This bill would exclude sales of county property from these requirements if the proposal is to sell property to a local unit of government that is  represented by a duly elected governing body. This exclusion would apply to sales to Type II school districts, municipalities, and counties, as well as to any entity created by a municipality or county if the governing body of the entity is comprised of members who are directly elected by the voters.