Bill Text: NJ A3734 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes time limits for DOT to resolve excess land requests.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-22 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3734 Detail]
Download: New_Jersey-2014-A3734-Introduced.html
Sponsored by:
Assemblyman SAMUEL L. FIOCCHI
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes time limits for DOT to resolve excess land requests.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of excess land by the Department of Transportation and supplementing Title 27 of the Revised Statutes
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The commissioner shall, within 45 days of receipt of an excess land request submitted pursuant to R.S.27:12-1, determine whether the real property identified in the excess land request is surplus property and shall provide notice to the requester of the commissioner's determination.
b. The commissioner shall have 180 days from the date that an excess land request was submitted to the commissioner to execute a sale agreement with the requester, provided that: (1) the requested real property is designated as surplus property pursuant to subsection a. of this section; (2) the requester is eligible to purchase the real property through a direct sale pursuant to R.S.27:12-1 or section 1 of P.L.1999, c.64 (C.27:12-1.1); and (3) the requester is a willing buyer at a price not less than the fair market value of the real property.
c. The commissioner shall have 220 days from the date that an excess land request was submitted to the commissioner to hold a public sale to the highest bidder for a price not less than the fair market value of the real property, provided that: (1) the requested real property is designated as surplus property pursuant to subsection a. of this section; and (2) the requester is not eligible to purchase the real property through a direct sale pursuant to R.S.27:12-1 or section 1 of P.L.1999, c.64 (C.27:12-1.1).
d. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Excess land request" means a request made, in a manner and form designated by the commissioner, by an interested party for the purchase, lease, or exchange of land owned by the Department of Transportation.
"Surplus property" means real property acquired for the use of the State in the improvement, betterment, reconstruction, or maintenance of a State highway and determined by the commissioner, pursuant to R.S.27:12-1, to no longer be required for this use, and therefore, eligible for sale, lease, or exchange.
2. This act shall take effect immediately
STATEMENT
This bill requires the Commissioner of the Department of Transportation (commissioner) to dispose of surplus property within a reasonable time frame if there is a party interested in acquiring the surplus property.
Surplus property is defined to be land acquired by the Department of Transportation (department) for the use of the State in the improvement, betterment, reconstruction, or maintenance of a State highway and determined by the commissioner to no longer be required for this use, making that land eligible to be sold, leased, or exchanged. The bill provides that the commissioner has 45 days from receipt of an excess land request to verify that the land is surplus property and available for sale, or to reject the request because the land is still needed for department purposes, and to respond to the requester.
If the land is determined to be surplus property and the requester is eligible for a private sale, the commissioner is to negotiate a private sale within 180 days of receiving an excess land request. Under current law, private sales can be made to certain government entities for public use, or to private entities that own land bordering the requested land.
If the requester is not eligible for a private sale, the commissioner is required to hold a public auction to sell land designated as surplus property within 220 days of receiving an excess land request.
