New Jersey § 40a:12a-11
Full text of New Jersey New Jersey Statutes § 40a:12a-11, with citation guidance and answers to common questions.
§ 40a:12a-11.
a. The governing body of a municipality may, by ordinance, create a body corporate
and politic to be known as the “․․․․․․ Redevelopment Agency,” inserting the name of the municipality creating the agency. The agency shall be an instrumentality of the municipality creating it. A redevelopment agency shall be created pursuant to the procedures of the “Local
Authorities Fiscal Control Law,” P.L.1983, c. 313 ( C.40A:5A-1 et seq. ). There shall be seven commissioners of a redevelopment agency. The commissioners shall be appointed by the governing body, in the manner generally
required for appointments by the form of government under which the municipality is
governed. Commissioners shall each serve for a term of five years; except that the first
of these appointees shall be designated to serve for the following terms: one for
a term of one year, one for a term of two years, two for terms of three years, one
for a term of four years, and two for terms of five years. No more than two commissioners shall be officers or employees of the municipality. Each commissioner shall hold office for the term of his appointment and until his
successor shall have been appointed and qualified. Any vacancy occurring in the office of commissioner, from any cause, shall be filled
in the same manner as the original appointment, but for the unexpired term. The municipal governing body may provide by ordinance that not more than two of the
commissioners shall be members of the governing body. A commissioner who is a member of the governing body shall serve for a term of one
year. That ordinance shall provide for the terms of the other commissioners to be appointed
to staggered terms in substantial accord with the provisions of this section. Any redevelopment agency created pursuant to the “Redevelopment Agencies Law,” P.L.1949,
c. 306 ( C.40:55C-1 et seq. ) and in existence until the repeal of that law by this act, shall continue notwithstanding
that repeal, but shall exercise its powers pursuant to the provisions of this act. The five commissioners appointed by the governing body of the municipality shall
continue in office until the terms for which they were appointed expire and their
successors are appointed and qualified. The terms of those agency commissioners who were appointed by the mayor or the Commissioner
of the Department of Community Affairs shall cease and determine 90 days after the
effective date of this act. b. A certificate of the appointment or reappointment of each commissioner shall be
filed with the clerk, and that certificate shall be conclusive evidence of the due
and proper appointment of that commissioner. A commissioner shall receive no compensation for his services, but shall be entitled
to reimbursement for actual expenses necessarily incurred in the discharge of the
duties of commissioner, including travel expenses. The powers of the agency shall be vested in the commissioners thereof in office
from time to time. Four commissioners shall constitute a quorum for the purpose of conducting business
and exercising powers and all other purposes. Action may be taken by the agency upon the affirmative vote of the majority, but
not less than four of the commissioners present, unless in any case the bylaws of
the agency shall require a larger number. The agency shall select a chairman and a vice-chairman from among the commissioners,
and it shall employ an executive director, who shall be its secretary. c. No commissioner or employee of an agency shall acquire any interest, direct or
indirect, in a redevelopment project or in any property included or planned to be
included in a project, nor shall he have any interest, direct or indirect, in any
contract or proposed contract for materials and services to be furnished or used in
connection with a project. If any commissioner or employee of an agency owns or controls an interest, direct
or indirect, in any property included or planned to be included in a project, he shall
immediately disclose the same in writing to the agency and the disclosure shall be
entered upon the minutes of the agency. Failure so to disclose such an interest shall constitute misconduct in office. A commissioner or employee required by this subsection to make a disclosure shall
not participate in any action by the agency affecting the property with respect to
which disclosure is required. For inefficiency or neglect of duty or misconduct in office a commissioner may be
removed by the municipality by which he was appointed; but a commissioner may be
removed only after he has been given a copy of the charges at least 10 days prior
to the hearing thereon and has had the opportunity to be heard in person or by counsel. In the event of a removal of a commissioner, a record of the proceedings, together
with the charges and findings thereon, shall be filed in the office of the clerk of
the municipality.
Frequently Asked Questions About New Jersey § 40a:12a-11
What does New Jersey Statutes § 40a:12a-11 cover?
Section 40a:12a-11 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 40a:12a-11?
A common citation format is "New Jersey Statutes § 40a:12a-11" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 40a:12a-11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.