Bill Text: NJ S2946 | 2012-2013 | Regular Session | Amended

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Bill Title: Concerns time frames for establishing or enforcing property rights related to adverse possession.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2013-12-19 - Senate Amendment (24-0) (Van Drew) [S2946 Detail]

Download: New_Jersey-2012-S2946-Amended.html

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[First Reprint]

SENATE, No. 2946

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED AUGUST 19, 2013

 

 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  PAUL A. SARLO

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Senator Stack

 

 

 

 

SYNOPSIS

     Concerns time frames for establishing or enforcing property rights related to adverse possession.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on December 19, 2013.

  

An Act concerning certain property rights, supplementing Title 2A of the New Jersey Statutes and repealing parts of the statutory law.

 

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

 

     ¹[1. The Legislature finds that:

     a.    The 2012 severe storm, named Hurricane Sandy, has damaged many properties along the New Jersey shore and other low-lying areas, and repair and reconstruction of these properties is essential to the economic health of the State;

     b.    Some of these properties have been subject to State tidelands claims and those claims make it difficult for the property owners to obtain mortgage financing necessary to repair their properties;

     c.    Property owners in some instances purchased and developed their property before the State made its claims and had no way of knowing that their property would be subject to tidelands claims;

     d.    Notwithstanding the State claims, the properties remained on the property tax rolls and the owners paid taxes as owners of the properties for many years;

     e.    It is necessary to provide a remedy for some of these property owners to establish their right to quiet enjoyment of their property and to make necessary repairs; and

     f.     Allowing some property owners to establish their unencumbered ownership is right as a matter of simple equity and advantageous to the New Jersey economy.]¹

 

     ¹[2.] 1.¹     Except as provided in ¹[sections 3 and 4] section 2¹ of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), if a person, for 20 years, has possessed real estate, all claims that may be made by any person for the recovery of the real estate shall be barred from any claim of right and that person shall have good title in the real estate provided that during that period the possession has been:

     a.    actual, open and notorious, of a kind that would notify others of the claim to the property;

     b.    inconsistent with ownership of the property by others; and

     c.    continued uninterruptedly for the requisite period by the person and the person's predecessors by occupancy, descent, conveyance or otherwise.

     ¹[3.] 2.¹  P.L.    , c.     (C.       ) (pending before the Legislature) shall not ¹[, except as provided in section 4 of this act,]¹  limit the estate, right, title or interest of, or bar any claim or action by:

     a.    The State, any agency thereof, or any political subdivision of the State, including, but not limited to, its instrumentalities and independent authorities, or any county or municipality, or any agency or authority of a county or municipality, with respect to real property or any estate, right, title or interest therein, that was at any time used or intended to be used for a public or transportation, environmental, recreational, governmental, educational, charitable, institutional or other similar purpose or held in public trust, whether such use be at the time of acquisition or sometime thereafter; or

     b.    A public utility, as the same is defined in R.S.48:2-13, with respect to real property or any estate, right, title or interest therein, used or intended to be used, for the provisions of utility service to the public including, but not limited to, federally regulated common carriers.

 

     ¹[4. If a person, for 40 years, has possessed real estate that was tidal-flowed prior to that period and not tidal-flowed at any time thereafter, the State shall be barred from any claim of riparian rights and the person shall have good title in the real estate, provided that:

     a.    the possession is actual, open and notorious, of a kind that would notify others of the claim to the property;

     b.    the possession is inconsistent with ownership of the property by others;

     c.    the possession has continued uninterruptedly for the requisite period by the person and the person's predecessors by occupancy, descent, conveyance or otherwise;

     d.    the possession has been based on an instrument or instruments recorded as provided by law that describe the property; and

     e.    all real estate taxes and other assessments on the property have been paid.]¹

 

     ¹[5.] 3.¹     The period of possession of real estate required by P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall include possession by the person and all others with whom the person is in privity.

 

     ¹[6.] 4.¹     N.J.S.2A:14-6, N.J.S.2A:14-7, N.J.S.2A:14-8, N.J.S.2A:14-30 and N.J.S.2A:14-31 are repealed.

 

     ¹[7.] 5.¹     Sections ¹[2] 1¹ and ¹[6] 4¹ of this act shall take effect on the second anniversary following the date of enactment ¹of this act¹ and shall apply to periods of possession of real estate occurring prior to ¹[the effective date, on the effective date, and after the effective date of this act. Sections 1, 3, 4 and 5 of this act] , on, or after the date of enactment of this act.  The remainder of this act¹ shall take effect immediately.