Bill Text: NJ A2511 | 2014-2015 | Regular Session | Introduced


Bill Title: Authorizes the State, with prior approval by the State House Commission, to use eminent domain power to acquire lands for recreation and conservation purposes provided lands are protective of drinking water sources.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-10 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2511 Detail]

Download: New_Jersey-2014-A2511-Introduced.html

ASSEMBLY, No. 2511

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 10, 2014

 


 

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Authorizes the State, with prior approval by the State House Commission, to use eminent domain power to acquire lands for recreation and conservation purposes provided lands are protective of drinking water sources.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the acquisition of lands for recreation and conservation purposes and amending P.L.1999, c.152.

 

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

 

     1.    Section 28 of P.L.1999, c.152 (C.13:8C-28) is amended to read as follows:

     28.  a.  [The] Except as provided in subsections b. and c. of this section, the State shall not use the power of eminent domain [in any manner] for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part unless a concurrent resolution approving that use is approved by both Houses of the Legislature [; except that, without the need for such a concurrent resolution, the] .

     b.    (1)  Upon the prior approval by the State House Commission as prescribed in this subsection, the State may use the power of eminent domain for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part.  The State House Commission may approve the use of the power of eminent domain pursuant to this subsection if the State demonstrates that the acquisition is necessary to protect drinking water sources, and the lands are identified as needing protection to assure adequate quality and quantity of drinking water supplies in times of drought in the Open Space Master Plan adopted pursuant to section 5 of P.L.2002, c.76 (C.13:8C-25.1).

     (2)   The State shall not use the power of eminent domain as prescribed in this subsection for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part in an area designated pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.):

     (a)   as a Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or center, on property for which an application for development is complete pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.); or

     (b)   as a Planning Area 3 (Fringe), on property for which an application for development has received final approval pursuant to the "Municipal Land Use Law."

     c.     The State may use the power of eminent domain to the extent necessary to establish a value for lands to be acquired from a willing seller by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part.

(cf:  P.L.1999, c.152, s.28)


     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would authorize the State, subject to the prior approval of the State House Commission, to use the power of eminent domain for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part if the acquisition is necessary to protect drinking water sources.

     The bill provides that:

     (1)   State House Commission approval may only be given if the lands are identified in the State's Open Space Master Plan as needing protection to assure adequate quality and quantity of drinking water supplies in times of drought; and

     (2)   the State shall not use the power of eminent domain as authorized in the bill in (a) an area designated as a Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or center pursuant to the "State Planning Act," on property for which an application for development is complete pursuant to the "Municipal Land Use Law," or (b) an area designated as a Planning Area 3 (Fringe) pursuant to the "State Planning Act," on property for which an application for development has received final approval pursuant to the "Municipal Land Use Law."

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