New Jersey § 12:3-5

§ 12:3-5.

In case any person or corporation who by any legislative act, is a grantee or licensee,

or has such power or authority, or any of his, her or their representatives or assigns

shall desire a paper capable of being acknowledged and recorded, made by and in the

name of the State of New Jersey, conveying the land mentioned in the proviso to the

third section of an act entitled “Supplement to an act entitled ‘An act to ascertain

the rights of the State and of riparian owners in the lands lying under the waters

of the bay of New York and elsewhere in this State,’ approved April eleventh, eighteen

hundred and sixty-four,” approved March thirty-first, one thousand eight hundred and

sixty-nine ( R.S.12:3-4 ), whether under water now or not, and the benefit of an express covenant, that the

State will not make or give any grant or license power, or authority affecting lands

under water in front of said lands, then and in either of such cases, such person

or corporation, grantee or licensee, having such grant and license, power or authority,

his, her or their representatives or assigns on producing a duly certified copy of

such legislative act to the Tidelands Resource Council in the Department of Environmental Protection , and in case of a representative or assignee also satisfactory evidence of his, her

or their being such representative or assignee, and requesting such grant and benefits

as in this section mentioned, shall be entitled to said paper so capable of being

acknowledged and recorded, and granting the title and benefits aforesaid, on payment

of the consideration hereinafter mentioned; and the Tidelands Resource Council, Commissioner of Environmental Protection and the Attorney General shall and may execute and deliver and acknowledge in the name and on behalf of the

State, a lease in perpetuity to such grantee or licensee or corporation having such

grant, license, power or authority, and to the heirs and assigns of such grantee or

licensee, or to the successors and assigns of such corporation, upon his, her or their

securing to be paid to the State an annual rental of such reasonable sum as the Tidelands Resource Council may fix with the approval of the Commissioner of Environmental Protection for each and every lineal foot measuring on the bulkhead line, or a conveyance to

such grantee or licensee or corporation having such grant, license, power or authority,

and to the heirs and assigns of such grantee or licensee, or to the successors and

assigns of such corporation in fee, upon his, her, or their paying to the State such

reasonable sum as the Tidelands Resource Council may fix with the approval of the Commissioner of Environmental Protection for each and every lineal foot measuring on the bulkhead line, in front of the land

included in said conveyance; provided, that no corporation to whom any such grant,

license, power or authority was given by legislative act as aforesaid, in which provision

was made for the payment of money to the Treasurer of the State for each and every

foot of the shore embraced and contained in the act; nor the assigns of such corporation

shall be entitled to the benefits of this section; and provided further, that the council shall in no case grant lands under water beyond the exterior lines hereby established,

or that may be hereafter established, but the said conveyance shall be construed to

extend to any bulkhead or pier line further out on said river and bay that may hereafter

be established by legislative authority; in case any person or corporation taking

a lease under this section, shall desire afterwards a conveyance of all or any part

of the land so leased, the same shall be made upon payment of such reasonable sum

for every such lineal foot, as the Tidelands Resource Council may fix, with the approval of the Commissioner of Environmental Protection , the conveyance or lease of the council under this section or R.S.12:3-2 to R.S.12:3-9 , shall not merely pass the title to the land therein described, but the right of

the grantee or licensee, individual or corporation, his, her or their heirs and assigns,

to exclude to the exterior bulkhead line, the tidewater by filling in or otherwise

improving the same, and to appropriate the land to exclusive private uses, and so

far as the upland from time to time made shall adjoin the navigable water, the said

conveyance or lease shall vest in the grantee or licensee, individual or corporation,

and their heirs and assigns, the rights to the perquisites of wharfage, and other

like profits, tolls and charges.