New Jersey § 13:8c-38

§ 13:8c-38.

a. All acquisitions or grants made pursuant to section 37 of P.L.1999, c. 152 ( C.13:8C-37 ) shall be made with respect to farmland devoted to farmland preservation under programs

established by law. b. The expenditure and allocation of constitutionally dedicated moneys for farmland

preservation purposes shall reflect the geographic diversity of the State to the maximum

extent practicable and feasible. c. The committee shall implement the provisions of section 37 of P.L.1999, c. 152 ( C.13:8C-37 ) in accordance with the procedures and criteria established pursuant to the “Agriculture

Retention and Development Act,” P.L.1983, c. 32 ( C.4:1C-11 et seq. ) except as provided otherwise by P.L.1999, c. 152 ( C.13:8C-1 et seq. ) . d. The committee shall adopt the same or a substantially similar method for determining,

for the purposes of P.L.1999, c. 152 ( C.13:8C-1 et seq. ) , the committee's share of the cost of a development easement on farmland to be acquired

by a local government as that which is being used by the committee on the date of

enactment of P.L.1999, c. 152 ( C.13:8C-1 et seq. ) for prior farmland preservation funding programs. e. Notwithstanding the provisions of section 24 of P.L.1983, c. 32 ( C.4:1C-31 ) or P.L.1999, c. 152 ( C.13:8C-1 et seq. ) , or any rule or regulation adopted pursuant thereto to the contrary, whenever the

value of a development easement on farmland to be acquired using constitutionally

dedicated moneys in whole or in part is determined based upon the value of any pinelands

development credits allocated to the parcel pursuant to P.L.1979, c. 111 ( C.13:18A-1 et seq. ) and the pinelands comprehensive management plan adopted pursuant thereto, the committee

shall determine the value of the development easement by: (1) conducting a sufficient number of fair market value appraisals as it deems appropriate

to determine the value for farmland preservation purposes of the pinelands development

credits; (2) considering development easement values in counties, municipalities, and other

areas (a) reasonably contiguous to, but outside of, the pinelands area, which in the

sole opinion of the committee constitute reasonable development easement values in

the pinelands area for the purposes of this subsection, and (b) in the pinelands area

where pinelands development credits are or may be utilized, which in the sole opinion

of the committee constitute reasonable development easement values in the pinelands

area for the purposes of this subsection; (3) considering land values in the pinelands regional growth areas; (4) considering the importance of preserving agricultural lands in the pinelands area;

and (5) considering such other relevant factors , including the rate of inflation, as may be necessary to increase participation in the farmland preservation program

by owners of agricultural lands located in the pinelands area. f. No pinelands development credit that is acquired or obtained in connection with

the acquisition of a development easement on farmland or fee simple title to farmland

by the State, a local government unit, or a qualifying tax exempt nonprofit organization

using constitutionally dedicated moneys in whole or in part may be conveyed in any

manner. All such pinelands development credits shall be retired permanently. g. (Deleted by amendment, P.L.2010, c. 70 ) h. Any farmland for which a development easement or fee simple title has been acquired

pursuant to section 37 of P.L.1999, c. 152 ( C.13:8C-37 ) shall be entitled to the benefits conferred by the “Right to Farm Act,” P.L.1983,

c. 31 ( C.4:1C-1 et al.) and the “Agriculture Retention and Development Act,” P.L.1983, c. 32 ( C.4:1C-11 et al.). i. (Deleted by amendment, P.L.2010, c. 70 ) j. (1) Commencing on the date of enactment of P.L.2004, c. 120 ( C.13:20-1 et al.) and through June 30, 2024 for lands located in the Highlands Region as defined

pursuant to section 3 of P.L.2004, c. 120 ( C.13:20-3 ), when the committee, a local government unit, or a qualifying tax exempt nonprofit

organization seeks to acquire a development easement on farmland or the fee simple

title to farmland for farmland preservation purposes using constitutionally dedicated

moneys in whole or in part, Green Acres bond act moneys in whole or in part, or constitutionally

dedicated CBT moneys pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ) in whole or in part, it shall conduct or cause to be conducted an appraisal or appraisals

of the value of the lands that shall be made using (a) the land use zoning of the

lands, and any State environmental laws or Department of Environmental Protection

rules and regulations that may affect the value of the lands, subject to the appraisal

and in effect at the time of proposed acquisition, and (b) the land use zoning of

the lands, and any State environmental laws or Department of Environmental Protection

rules and regulations that may affect the value of the lands, subject to the appraisal

and in effect on January 1, 2004. The higher of those two values shall be utilized by the committee, a local government

unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation

with the landowner with respect to the acquisition price for the lands. The landowner shall be provided with both values determined pursuant to this paragraph. A landowner may waive any of the requirements of this paragraph and may agree to sell

the lands for less than the values determined pursuant to this paragraph. The provisions of this paragraph shall be applicable only to lands the owner of which

at the time of proposed acquisition is the same person who owned the lands on the

date of enactment of P.L.2004, c. 120 ( C.13:20-1 et al.) and who has owned the lands continuously since that enactment date, or is

an immediate family member of that person. (2) (Deleted by amendment, P.L.2010, c. 70 ) (3) The requirements of this subsection shall be in addition to any other requirements

of law, rule, or regulation not inconsistent therewith. (4) This subsection shall not: (a) apply in the case of lands to be acquired with federal moneys in whole or in part; (b) (Deleted by amendment, P.L.2010, c. 70 ); or (c) alter any requirements to disclose information to a landowner pursuant to the

“Eminent Domain Act of 1971,” P.L.1971, c. 361 ( C.20:3-1 et seq. ). (5) For the purposes of this subsection, “ immediate family member ” means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin,

grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,

stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether

the individual is related by blood, marriage, or adoption. k. The committee and the Department of Environmental Protection, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), shall jointly adopt rules and regulations that establish standards and requirements

regulating any improvement on lands acquired by the State for farmland preservation

purposes using constitutionally dedicated moneys to assure that any improvement does

not diminish the protection of surface water or groundwater resources. Any rules and regulations adopted pursuant to this subsection shall not apply to improvements

on lands acquired prior to the adoption of the rules and regulations. l . (1) The committee, within three months after the date of the first meeting of the

Highlands Water Protection and Planning Council established pursuant to section 4

of P.L.2004, c. 120 ( C.13:20-4 ), shall consult with and solicit recommendations from the council concerning farmland

preservation strategies and acquisition plans in the Highlands Region as defined in

section 3 of P.L.2004, c. 120 ( C.13:20-3 ). The council's recommendations shall also address strategies and plans concerning establishment

by the committee of a methodology for prioritizing the acquisition of development

easements and fee simple titles to farmland in the Highlands preservation area, as

defined in section 3 of P.L.2004, c. 120 ( C.13:20-3 ), for farmland preservation purposes using moneys from the Garden State Farmland

Preservation Trust Fund, especially with respect to farmland that has declined substantially

in value due to the implementation of the “Highlands Water Protection and Planning

Act,” P.L.2004, c. 120 ( C.13:20-1 et al.). The recommendations may also include a listing of specific parcels in the Highlands

preservation area that the council is aware of that have experienced a substantial

decline in value and for that reason should be considered by the committee as a priority

for acquisition, but any such list shall remain confidential notwithstanding any provision

of P.L.1963, c. 73 ( C.47:1A-1 et seq. ) or any other law to the contrary. (2) In prioritizing applications for funding submitted by local government units in

the Highlands planning area, as defined in section 3 of P.L.2004, c. 120 ( C.13:20-3 ), to acquire development easements on farmland in the Highlands planning area using

moneys from the Garden State Farmland Preservation Trust Fund, the committee shall

accord a higher weight to any application submitted by a local government unit to

preserve farmland in a municipality in the Highlands planning area that has amended

its development regulations in accordance with section 13 of P.L.2004, c. 120 ( C.13:20-13 ) to establish one or more receiving zones for the transfer of development potential

from the Highlands preservation area, as defined in section 3 of P.L.2004, c. 120 ( C.13:20-3 ), than that which is accorded to comparable applications submitted by other local

government units to preserve farmland in municipalities in the Highlands planning

area that have not made such amendments to their development regulations. m. Notwithstanding any provision of P.L.1999, c. 152 ( C.13:8C-1 et seq. ) to the contrary, for State fiscal years 2005 through 2009, the sum spent by the

committee in each of those fiscal years for the acquisition by the committee of development

easements and fee simple titles to farmland for farmland preservation purposes using

moneys from the Garden State Farmland Preservation Trust Fund in each county of the

State shall be not less, and may be greater if additional sums become available, than

the average annual sum spent by the department therefor in each such county, respectively,

for State fiscal years 2002 through 2004, provided there is sufficient and appropriate

farmland within the county to be so acquired by the committee for such purposes.