New Jersey § acts:saved-12 - (8)

§ acts:saved-12. (8)

1. Whenever any public park or street has been or shall hereafter be laid out or provided

for by any municipality, along, over, including or fronting upon any of the lands

now or formerly under the tidewaters of this state, or whenever any streets or highways

or public parks shall extend to said lands now or formerly under tidewater, the riparian

commissioners of this state, upon application of such municipality, may grant to such

municipality lands now or formerly under water within the limits of said public park

or street and of the land in front of said streets or highways or public park. Such grant shall contain a provision that any land now or formerly under water so

granted for park or street uses, shall be kept and maintained as a public park, street

or place for public use, resort and recreation, and that no building or other structures

shall be erected on such park, or on the lands now or formerly under water so granted

inconsistent with its use as a public park, street or place of public use, resort

or recreation. The said commissioners shall have the full power and authority to make such grant,

notwithstanding the same may be for the entire bed or land now or formerly underneath

the whole or any part of the waters of a branch, arm, slake, lesser channel or any

subsidiary or auxiliary portion of any tidal water of this state, for reasonable compensation

therefor; provided, however, that if such grant be made to such municipality for

a portion or the whole of the bed or land under such branch, arm, slake, lesser channel,

or subsidiary or auxiliary portion of any tidal water of this state, that the said

commissioners shall impose such terms upon such municipality, if needed, with respect

to providing for additional flowage in the main part of such stream, as in their judgment

may best subserve and protect the interests of any other municipality, whose territorial

limits border on the main stream, as well as any riparian owner or owners whose lands

abut said main stream. If said municipality shall be unable or unwilling for any reason to pay the price

fixed for such lands under water by the riparian commission, the said commission is

authorized upon application by such municipality to grant to such municipality a revocable

lease of or permit to use of said lands now or formerly under water for such park

or street purposes, for a nominal consideration, until such time as the said riparian

commissioners shall decide to make a grant in fee of said lands under water to such

municipality or other grantees for such consideration as the riparian commission may

determine to be adequate compensation for such land; provided, however, that such

grant or permit or lease shall operate only as a conveyance of the rights of the state

and shall not deprive any riparian owner of any rights to compensation which he may

have.