New Jersey § 13:1d-56

§ 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.