New Jersey § 40a:12-5

§ 40a:12-5.

(a) Any county, by resolution, or any municipality, by ordinance, may provide for

the acquisition of any real property, capital improvement, or personal property: (1) By purchase, gift, devise, lease, exchange, condemnation, or installment purchase

agreement; (2) Subject to lawful conditions, restrictions or limitations as to its use by the

county or municipality, provided the governing body accepts such lawful conditions,

restrictions or limitations. When any county or municipality shall have acquired any real property, capital improvement

or personal property upon any lawful condition, restriction or limitation, it is hereby

authorized to take such steps as may be necessary and proper to the compliance by

the county or municipality with such lawful conditions, restrictions or limitations; (3) Whether the acquisition of any real property is by lease, purchase, installment

purchase agreement or exchange, the governing body may require the construction or

repair of any capital improvement as a condition of acquisition. (b) To the extent that the acquisition is by an installment purchase agreement, the

obligation of the county or municipality shall be valid and binding for the term thereof

which shall not be greater than 40 years and shall not be otherwise subject to annual

appropriation, and the authorization of such obligation shall not be subject to any

of the provisions of the “Local Bond Law,” ( N.J.S.40A:2-1 et seq. ), except that (1) the repayment schedule of the principal shall be consistent with the requirements

of N.J.S.40A:2-26 et seq. , unless otherwise approved by the Local Finance Board within the Division of Local

Government Services in the Department of Community Affairs, (2) a supplemental debt statement reflecting the principal sum of the installment

purchase agreement shall be filed consistent with the provisions of N.J.S.40A:2-10 ; and (3) to the extent that such supplemental debt statement reflects debt in excess of

the debt limitations imposed on counties or municipalities, as appropriate, by N.J.S.40A:2-6 and not otherwise within the exceptions contained in N.J.S.40A:2-7 , the county or municipality must obtain the approval of the Local Finance Board. (c) Any county or municipality having acquired any real property, capital improvement

or personal property or any real estate or interest therein, which acquisition or

estate or interest shall have become unsuited or inconvenient for the use for which

it was acquired, may, at any time convert a portion or the whole thereof to any other

public use unless otherwise provided by law or by the terms of acquisition. (d) Whenever the governing body of any county or municipality to which there has been

conveyed any real property, capital improvement, or personal property subject to such

lawful conditions, restrictions or limitations shall by ordinance, in the case of

a municipality, and by resolution, in the case of a county, determine that said real

property, capital improvement or personal property can no longer be used advantageously

for the purposes for which the same were acquired by the county or municipality, said

county or municipality may, by ordinance or resolution, authorize the sale or exchange

pursuant to section 13 of this act 1 of the interest of the county or municipality in said real property, capital improvement

or personal property. Whenever the county or municipality, by resolution or ordinance, as the case may be,

determines that property, which has been acquired by purchase, gift, devise, lease,

exchange or otherwise for a nominal or no consideration for a specific purpose, or

subject to lawful conditions, restrictions or limitations as to its use, can no longer

be used for the purposes for which acquired, it may offer or reconvey said property

to the original grantor or his heirs for a similar or no consideration, prior to other

disposition pursuant to section 13 of this act. 1

N.J.S.A. § 40A:12-13.