Bill > S479

Introduced Session

This bill would suspend the provisions of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.) until a dedicated source of funding has been established by the State for the acquisition from willing sellers of lands located within the preservation area for recreation and conservation purposes or farmland preservation purposes, provided that the owner of any such lands at the time of proposed acquisition is the same person who owned the lands on the date of enactment of the "Highlands Water Protection and Planning Act" (i.e., August 10, 2004) and who has owned the lands continuously since that date, or is an immediate family member of that person. Further, the bill provides that acquisitions from the dedicated source of funding would be based on an appraisal or appraisals of the value of the lands made using (1) the land use zoning of the lands, and any State environmental laws or Department of Environmental Protection (DEP) rules and regulations that may affect the value of the lands, subject to the appraisal and in effect at the time of proposed acquisition, and (2) the land use zoning of the lands, and any State environmental laws or DEP rules and regulations that may affect the value of the lands, subject to the appraisal and in effect on August 9, 2004, and with both values provided to the landowner. If the latter appraisal (i.e., the "pre-Highlands act" value) is the higher of these two values, the bill would require that it be utilized as the basis for negotiation with the landowner with respect to the acquisition price for the lands. Upon establishment of a dedicated source of funding and compliance with the provisions of the bill, the suspension would cease and the provisions of the "Highlands Water Protection and Planning Act" would again be in effect. Property owners in the preservation area bear the burden of the development restrictions imposed by, and the impact on their property values resulting from, the "Highlands Water Protection and Planning Act." It is only fitting that the State should establish a dedicated source of funding to compensate these landowners.

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Committee Categories

Anthony Bucco (R)*,  Steven Oroho (R)*,  Christopher Bateman (R),  Michael Doherty (R), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/12/2016)