New Jersey § 12:3-12

§ 12:3-12.

The council with the concurrence of the Commissioner of Environmental Protection and Attorney General, in all cases of application for grants or leases of land now,

or at the time of the application, or at the time of the lease or grant, under tidewater;

and in all cases of application for grants or leases of lands which are not now, or

shall not at the time of the application, or at the time of the lease or grant be

under tidewater, and in all cases of applications for leases or grants for all or

any of such lands may, notwithstanding the first proviso in R.S.12:3-5 , or any other provisions contained in R.S.12:3-2 to R.S.12:3-9 , grant or lease, or lease first with a covenant to grant, and grant afterwards, for

such principal sum that the interest thereof at 7% will produce the rental, such lands,

or any part thereof lying between what was, at any time heretofore, the original high-water

line and the seaward territorial jurisdiction of the State, and grant or lease in

all cases in which, in their discretion, they shall think such grant or lease should

be made, such rights, privileges and franchises as they are authorized to grant in

cases coming directly within R.S.12:3-5 , and enter into the same covenants in the name of the State, in all cases of grants

or leases where they deem such covenants proper, as are authorized in grants or leases

under R.S.12:3-5 and insert such other covenants, clauses and conditions in said grants or leases

as they shall think proper to require from the grantee or lessee, or ought to be made

by the State; provided, that nothing herein contained shall authorize grants or leases

in front of a riparian owner to any other than such riparian owner, except upon the

proceedings and conditions provided in R.S.12:3-2 to R.S.12:3-9 ; and provided also, that the applications for grants or leases, and the certificates

of the council, commissioner and Attorney General, may in the cases hereby provided for, vary from the provisions

of R.S.12:3-2 to R.S.12:3-9 in such manner as to conform to this section, and any party who has already asked

for or accepted a lease or conveyance may apply for and have the benefits of this

section, notwithstanding such former application or former acceptance of a lease or

conveyance.