New Jersey § 40a:12-21

§ 40a:12-21.

When the governing body of any county or municipality shall determine that all or

any part of a tract of land, with or without improvements, owned by the county or

municipality, is not then needed for county or municipal purposes, as the case may

be, said governing body, by resolution or ordinance, may authorize a private sale

and conveyance of the same, or any part thereof without compliance with any other

law governing disposal of lands by counties and municipalities, for a consideration,

which may be nominal, and containing a limitation that such lands or buildings shall

be used only for the purposes of such organization or association, and to render such

services or to provide such facilities as may be agreed upon, and except as provided

in subsection (n) of this section not for commercial business, trade or manufacture,

and that, unless waived, released, modified, or subordinated pursuant to P.L.1943,

c. 33 ( C.40:60-51.2 ), if said lands or buildings are not used in accordance with said limitation, title

thereto shall revert to the county or municipality without any entry or reentry made

thereon on behalf of such county or municipality, to (a) A duly incorporated volunteer fire company or board of fire commissioners or first

aid and emergency or volunteer ambulance or rescue squad association of a municipality

within the county, in the case of a county, or of the municipality, in the case of

a municipality, for the construction thereon of a firehouse or fire school or a first

aid and emergency or volunteer ambulance or rescue squad building or for the use of

any existing building for any or all of said purposes and any such land or building

sold to any duly incorporated volunteer fire company may be leased by such fire company

to any volunteer firemen's association for the use thereof for fire school purposes

for the benefit of the members of such association, or (b) Any nationally chartered organization or association of veterans of any war, in

which the United States has or shall have been engaged, by a conveyance for consideration,

a part of which may be an agreement by the organization or association to render service

or to provide facilities for the general public of the county or municipality, of

a kind which the county or municipality may furnish to its citizens and to the general

public, or (c) A duly incorporated nonprofit hospital association for the construction or maintenance

thereon of a general hospital, or (d) Any veteran with paraplegia, that is to say, any officer, soldier, sailor, marine,

nurse or other person, regularly enlisted or inducted, who was or shall have been

in the active military or naval forces of the United States in any war in which the

United States was engaged, including any member of the American Merchant Marine during

World War II who is declared by the United States Department of Defense to be eligible

for federal veterans' benefits, and who, at the time the veteran was commissioned,

enlisted, inducted, appointed or mustered into such military or naval service, was

a resident of and who continues to reside in this State, and who has paraplegia and

permanent paralysis of both legs or the lower parts of the body resulting from injuries

sustained through enemy action or accident while in such active military or naval

service, for the construction of a home to domicile the veteran, or to any organization

or association of veterans, for the construction of a home or homes to domicile veterans

with paraplegia, with powers to convey said lands and premises to the veteran or veterans

with paraplegia on whose behalf said organization or association shall acquire title

to said land, or (e) Any duly incorporated nonprofit association or any regional commission or authority

composed of one or more municipalities or one or more counties for the construction

or maintenance thereon of an animal shelter, or (f) Any duly incorporated nonprofit historical society for the acquisition of publicly

owned historic sites for their restoration, preservation, improvement, and utilization

for the benefit of the general public, or (g) Any duly incorporated nonprofit cemetery organization or association serving the

residents of the municipality or county, or (h) Any duly incorporated nonprofit organization for the principal purpose of the

education or treatment of persons with developmental disabilities including cerebral

palsy, or (i) Any county or municipal sewerage authority serving the residents of the county

or municipality, for the use thereof for sewerage authority purposes, or (j) Any duly incorporated nonprofit organization for the purpose of building or rehabilitating

residential property for resale. Any profits from the resale of the property shall be applied by the nonprofit organization

to the costs of acquiring and rehabilitating other residential property in need of

rehabilitation owned by the county or municipality, or (k) Any duly incorporated nonprofit organization or association, other than a political,

partisan, sectarian, denominational, or religious organization or association, which

includes among its principal purposes the provision of educational, gardening, recreational,

medical, or social services to the general public, including residents of the county

or municipality, or ( l ) Any duly incorporated urban renewal corporation organized pursuant to P.L.1991, c. 431 ( C.40A:20-1 et seq. ) for the purpose of constructing housing for low or moderate income persons or families

or persons with disabilities, or (m) Any duly incorporated nonprofit hospice organization whose principal purpose is

to provide hospice services to persons with terminal illnesses, or (n) Any duly incorporated nonprofit organization or association for the cultivation

and sale of fresh fruits and vegetables on a tract of land of less than five acres

within a municipality, provided that the nonprofit organization or association is

not controlled, directly or indirectly, by any agricultural, commercial, or other

business. The nonprofit organization or association shall be authorized to sell fresh fruits

and vegetables either on the land that was conveyed, off that land, or both, provided,

that the sales are related and incidental to the non-profit purposes of the organization

or association and the net proceeds received by the nonprofit organization or association

are used to further the non-profit purposes of the organization or association. Whenever a sale of property is proposed pursuant to subsection (k), for gardening,

or subsection (n) of this section, the county or municipality shall comply with all

notice requirements for an application for development under section 7.1 of P.L.1975,

c. 291 ( C.40:55D-12 ). The provisions of this section shall not be deemed to restrict land banking agreements

undertaken pursuant to P.L.2019, c. 159 ( C.40A:12A-74 et al.).