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Bill > S1834


NJ S1834

NJ S1834
Allows for exclusion of certain properties from Highlands preservation area.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would allow, beginning on August 10, 2009, an owner of property located in the Highlands preservation area to request that the property be excluded from the preservation area under certain circumstances. Specifically, this bill would provide that when an owner of property located within the preservation area offers that property for sale to the State and the State rejects the offer due to the lack of available funding to purchase the property at an amount equal to a fair market value appraisal of the value of the lands as of August 9, 2004 (the day before the date of enactment of the "Highlands Water Protection and Planning Act," P.L.2004, c.120), that property owner may request that the property be removed from the preservation area. Under the bill, upon written request by the property owner to the Commissioner of Environmental Protection and the Chair of the Highlands Water Protection and Planning Council containing documentation from the State that the State does not have funds available to purchase the property at a price equal to the value of the lands as of August 9, 2004, the property would be exempt from the provisions of sections 30 through 43 of P.L.2004, c.120 (C.13:20-28 et al.) and would be regulated by the State and the local government unit in the same manner as property located in the planning area. The bill would apply to lands the owners of which at the time of the proposed sale to the State is the same person who owned the lands on the date of enactment of the "Highlands Water Protection and Planning Act" and who has owned the lands continuously since then, or is an immediate family member of that person. The bill would require that the property be excluded from the preservation area and would require this exclusion to be recorded on the deed of the property. The bill would require the Commissioner of Environmental Protection and the Chair of the Highlands Water Protection and Planning Council to take all appropriate action to note the exclusion of such a property on all maps and descriptions of the preservation area prepared or published by the Department of Environmental Protection or the council.

AI Summary

This bill allows property owners within the Highlands preservation area, a region designated for water protection and planning, to request their land be excluded from this designation under specific circumstances. If a property owner offers their land for sale to the State and the State declines due to insufficient funds to purchase it at a value determined by an appraisal based on its August 9, 2004 zoning and environmental regulations, the owner can then apply for exclusion. Upon approval, the property would no longer be subject to the strict regulations of the Highlands preservation area (sections 30 through 43 of P.L.2004, c.120) and would instead be regulated like property in the less restrictive "planning area" by both the State and local government. This provision applies only to current owners who are either the same person that owned the land on the enactment date of the "Highlands Water Protection and Planning Act" (August 10, 2004) and have owned it continuously, or are an immediate family member of that original owner. The exclusion would be officially recorded on the property's deed and noted on all official maps of the preservation area.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2024)

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