New Jersey § 13:1d-56
Full text of New Jersey New Jersey Statutes § 13:1d-56, with citation guidance and answers to common questions.
§ 13:1d-56.
a. For the purpose of determining the amount of consideration to be paid or transferred
to the State in exchange for conveying lands acquired or developed by the State with
Green Acres funds, or acquired or developed by the State in any other manner and administered
by the department, the value of such lands shall be based upon their intended use
upon conveyance or upon their highest and best use, whichever shall provide to the
State the greatest value in return. b. If lands acquired or developed by the State with Green Acres funds, or acquired
or developed by the State in any other manner and administered by the department,
are conveyed, and within 25 years after the date of the conveyance the governing body
of the municipality wherein the lands are located proposes to amend or revise for
any reason the zoning ordinance as it pertains to those lands, or the zoning board
of adjustment or planning board of the municipality receives an application for a
variance from the zoning regulations or requirements pertaining to those lands, the
governing body, zoning board of adjustment, or planning board, as the case may be,
shall notify the commissioner in writing at least 30 days prior to taking action on
the proposed amendment or revision to the zoning ordinance or variance application,
as the case may be, according to procedures to be developed therefor by the department
pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). c. (1) If the governing body of the municipality wherein the lands are located amends
or revises for any reason the zoning ordinance as it pertains to those lands, or the
zoning board of adjustment or planning board of the municipality grants a variance
from the zoning regulations or requirements pertaining to those lands, as the case
may be, within 25 years after the date of conveyance of the lands by the State, and
that amendment or revision of the zoning ordinance or grant of a variance results
in an increase in the value of the lands, an amount of money equal to that increase
in value measured as of the effective date of the amendment or revision of the zoning
ordinance or grant of a variance, as the case may be, shall be paid to the department
by the then current owner of the lands within 60 days after the date of the last public
hearing required pursuant to paragraph (3) of this subsection, or if a court determination
of the value is required pursuant to paragraph (2) of this subsection, within 60 days
after the date of the court's judgment, for deposit and use by the department pursuant
to section 7 of this amendatory and supplementary act. 1 In addition, the current owner of the lands on the effective date of the first amendment
or revision of the zoning ordinance or first grant of a variance pertaining to those
lands, as the case may be, shall dedicate 20% of the lands for use as public open
space. (2) If the department and the then current owner are unable to agree on the amount
of the increased value resulting from an amendment or revision of the zoning ordinance
or grant of a variance pertaining to the lands, as the case may be, the value shall
be decided in a summary proceeding before the Superior Court. (3) The department shall not agree to any determination of the amount of money equal
to an increased value unless it has first conducted two additional public hearings
and given appropriate notice of its intentions according to the procedures set forth
in sections 2, 3, and 4 of this amendatory and supplementary act. 2 (4) If the current owner of the lands on the effective date of any amendment or revision
of the zoning ordinance or grant of a variance pertaining to those lands, as the case
may be, is unable to pay an amount of money equal to the increase in value required
pursuant to this subsection, the lands shall revert to the State and shall be managed
by the department for the same purposes as they were immediately prior to the original
conveyance by the State. d. The department may accept land of equivalent or greater value in lieu of any payment
required pursuant to subsection c. of this section, but prior to doing so, the department
shall comply with the requirements of paragraph (3) of that subsection. e. The terms of subsections b., c., and d. of this section shall be incorporated into
any contract of sale, lease, or other similar instrument, as well as any deed or other
instrument of conveyance, involving the lands, and shall run with the land. 1
N.J.S.A. § 13:1D-57. 2
N.J.S.A. §§ 13:1D-52, 13:1D-53, 13:1D-54.
Frequently Asked Questions About New Jersey § 13:1d-56
What does New Jersey Statutes § 13:1d-56 cover?
Section 13:1d-56 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 13:1d-56?
A common citation format is "New Jersey Statutes § 13:1d-56" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 13:1d-56 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.