Bill Text: NJ S1126 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates a Land Use Court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-08 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1126 Detail]
Download: New_Jersey-2016-S1126-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Creates a Land Use Court.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a Land Use Court and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature of the State of New Jersey finds and declares that:
a. the quality and consistency of decision making in the resolution of land use disputes needs to be improved in order to enhance the fairness of process for the public, local governments and developers, and to minimize protracted litigation which adds needlessly to housing costs and real property taxes in this State; and
b. steps should be taken which will improve the quality and predictability of land use litigation accessible to litigants throughout the State of New Jersey, with due regard for considerations of efficient allocation of judicial resources; and
c. a Land Use Court should be created to sit in such parts and in such locations as provided by the Rules of the Supreme Court, in order to afford accessible and efficient access throughout the State of New Jersey, with appropriate consideration of the geographic distribution of cases coming within the jurisdiction of the Land Use Court and of the efficient allocation of judicial resources; and
d. in appointing persons to sit as judges of the Land Use Court the Governor should take into account their knowledge of the law governing land use and development and experience in those matters.
2. A Land Use Court is hereby established as a court of limited jurisdiction pursuant to Article VI, Section 1, paragraph 1 of the New Jersey Constitution.
3. The Land Use Court shall be a court of record and shall have a seal.
4. The Land Use Court shall have jurisdiction with respect to:
a. any land use decision of a county or municipal government, authority or other instrumentality thereof or a department of State government or agency or instrumentality thereof including, but not limited to, any land use approval which is required as a prerequisite for the issuance of a construction permit pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130), any dispute regarding the adoption or implementation of a county or municipal master plan or development regulation or the State Development and Redevelopment Plan, and such other land use disputes as provided by the Rules of the Supreme Court; and
b. actions cognizable in the Superior Court which raise issues as to which judicial expertise in matters involving land use is desirable, which are not within the jurisdiction of the Chancery Division of the Superior Court, and which have been transferred to the Land Use Court pursuant to the Rules of the Supreme Court; and
c. any other matters as may be provided by statute; and
d. the exercise of any powers that may be necessary to effectuate its decisions, judgments and orders.
The Land Use Court shall not have jurisdiction over matters involving fair share housing disputes pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al).
5. a. The Land Use Court, in all causes within its jurisdiction, and subject to law, may grant legal and equitable relief so that all matters in controversy between the parties may be completely determined.
b. Judgments of the Land Use Court may be appealed to the Appellate Division of the Superior Court pursuant to Rules of the Supreme Court.
6. a. The filing fee for commencement of proceedings in the Land Use Court shall be the same as for proceedings in the Superior Court, Law Division.
b. Additional fees and the reduction or waiver of fees for particular classes of cases shall be established by the Rules of the Supreme Court.
c. No proceeding shall be heard by the Land Use Court unless the fees are paid or waived.
d. All fees shall be payable to the clerk of the Land Use Court for the use of the State, and shall not be refundable except as specifically provided by the Rules of the Supreme Court.
e. Practice and procedure in the Land Use Court shall be as provided by the Rules of the Supreme Court.
f. Decisions of the Land Use Court shall be published in the manner directed by the Supreme Court.
7. a. The Land Use Court shall maintain permanent locations in Trenton and Newark and may hold sessions at other locations throughout the State.
b. The State shall provide courtrooms, chambers and offices for the Land Use Court at the required permanent locations in Trenton and Newark and shall arrange for courtrooms, chambers and offices or other appropriate facilities at other locations throughout the State.
8. a. The Governor shall nominate and appoint, with the advice and consent of the Senate, the judges of the Land Use Court.
b. All appointments to such judgeships shall be made in such manner that the appointees shall be, as nearly as possible, in equal numbers, members of different political parties so as to constitute the Land Use Court bipartisan in character.
The words "political parties" mean such political parties as shall have cast the largest and next to the largest number of votes, respectively, for members of the General Assembly at the last preceding general election held for the election of all the members of the General Assembly prior to the making of any such appointments.
9. a. The Land Use Court shall consist of not less than six, nor more than 12 judges, each of whom shall exercise the powers of the court, subject to the Rules of the Supreme Court.
b. The judges of the Land Use Court shall have been admitted to the practice of law in the State for at least 10 years prior to appointment and shall be chosen for their special qualifications, knowledge and experience in matters of land use.
10. a. The judges of the Land Use Court shall hold their offices for initial terms of seven years and until their successors are appointed and qualified, and upon reappointment shall hold their offices during good behavior.
b. The judges of the Land Use Court shall be retired upon attaining the age of 70 years, upon the same terms and conditions as judges of the Superior Court, and shall have the same pension rights and other benefits as judges of the Superior Court.
11. a. Each judge of the Land Use Court shall receive annual compensation and other benefits equal to those of a judge of the Superior Court and which shall not be diminished during the term of appointment.
b. The judges of the Land Use Court shall not engage in the practice of law or other gainful pursuit nor shall they hold other office or position of profit under this State, any other State or the United States.
12. a. The judges of the Land Use Court shall be subject to impeachment, and upon impeachment shall not exercise judicial office until acquitted. The judges of the Land Use Court shall also be subject to removal from office by the Supreme Court for the causes and in the manner as is provided by law for the removal of judges of the Superior Court.
b. Whenever the Supreme
Court certifies to the Governor that a judge of the Land Use Court appears to
be substantially unable to perform the duties of office, the Governor shall
appoint a commission of three persons to inquire into the circumstances. Upon
the recommendation of the commission, the Governor may retire the judge from
office, on pension, as may be provided by law.
13. The Chief Justice shall assign one of the judges of the Land Use Court to be the presiding judge of the Land Use Court. The presiding judge shall, subject to the supervision of the Chief Justice and the Administrative Director of the Courts, be responsible for the administration of the Land Use Court.
14. The presiding judge shall submit a report to the Chief Justice of the Supreme Court annually. The report shall be published as part of the Annual Report of the Administrative Director of the Courts. The report shall contain information and statistics for the previous fiscal year concerning the operation of the Land Use Court. The report may also contain recommendations by the presiding judge regarding the clarification or revision of legislation, rules and regulations relating to land use, or the practice and procedure in the Land Use Court.
15. The Chief Justice may assign judges of the Land Use Court to the Superior Court or to any other court as the need appears, and any judge so assigned shall exercise all of the powers of a judge of that court.
16. The Supreme Court shall appoint to serve at its pleasure a Clerk and a Deputy Clerk of the Land Use Court, neither of whom shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
17. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill establishes a Land Use Court as a court of limited jurisdiction very similar to the current Tax Court. The Land Use Court would have jurisdiction with respect to any land use decision of a county or municipal government, authority or other instrumentality thereof or a department of State government or agency or instrumentality thereof including, but not limited to, any land use approval which is required as a prerequisite for the issuance of a construction permit pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130), any dispute regarding the adoption or implementation of a county or municipal master plan or development regulation or the State Development and Redevelopment Plan, and such other land use disputes as provided by the Rules of the Supreme Court.
The Land Use Court would not have
jurisdiction over matters involving fair share housing disputes pursuant to the
"Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al).
Judges of the Land Use Court shall hold their offices for initial terms of seven years and until their successors are appointed and qualified, and upon reappointment shall hold their offices during good behavior. The judges of the Land Use Court shall be retired at the age of 70 years, upon the same terms and conditions as judges of the Superior Court. Each judge of the Land Use Court shall receive annual compensation and other benefits equal to those of a judge of the Superior Court.
The judges of the Land Use Court shall be subject to impeachment. The judges of the Land Use Court shall also be subject to removal from office by the Supreme Court as is provided by law for the removal of judges of the Superior Court.
The Chief Justice shall assign one of the judges of the Land Use Court to be the presiding judge of the Land Use Court. The presiding judge shall, subject to the supervision of the Chief Justice and the Administrative Director of the Courts, be responsible for the administration of the Land Use Court.
