New Jersey § 4:1b-8

§ 4:1b-8.

The program shall be implemented by the departments in the following manner: a. An intensive informational and educational effort will be undertaken to provide

residents, landowners and elected officials within the program area with the basic

objectives and details of the program. Such effort shall be conducted at public meetings held within, or in the vicinity

of, the program area as well as through the mails. b. Voluntary offers to sell the development easements to prime agricultural lands

will be solicited from such landowners in the program area. Such landowners will be asked to offer to sell such development easements to the

State at a price which, in the opinion of the landowner, represents a fair value of

the development potential of such lands for nonagricultural purposes as determined

in accordance with the provisions of this act. A final date for the submission of such offers shall be fixed by the departments

in the regulations promulgated pursuant to section 14 of this act. 1 c. Such offers will be reviewed and evaluated by the departments, with the advice

of the steering committee as provided in section 9 of this act, 2 in order to determine the suitability of the prime agricultural lands represented

thereby for inclusion in the program. Decisions regarding such suitability shall be based upon the satisfaction of the

following criteria: (1) The degree to which such offers reflect price levels which appear to be within

the financial resources of the program; (2) Suitability as to soil classification or other criteria for prime agricultural

lands as provided by this act; (3) The degree to which such offers would facilitate the formulation of an agricultural

preserve as defined in section 4 of this act. 3 The departments shall reject any offer for the sale of development easements to prime

agricultural lands which are unsuitable according to the above criteria. d. Two separate independent appraisals shall be conducted for each remaining parcel

of prime agricultural lands so offered and deemed suitable. Such appraisals shall determine the current overall fair market value of such parcels

for all purposes, including nonagricultural and development purposes, as well as the

current fair market value of such parcels for agricultural purposes. The difference between current overall fair market value and current agricultural

fair market value shall represent an appraisal of the value of development easements

to such parcels. Such appraisals shall be conducted by independent, professional appraisers selected

by the departments from among members of recognized organizations of real estate appraisers. e. After receiving the results of such appraisals, the departments shall compare the

appraised value and the offered value of development easements to such parcels. Following such comparison, and after consultation with the steering committee, the

departments shall determine (1) whether the acquisition of all or a portion of such

development easements would be within the financial resources of the program and (2)

whether such acquisition would provide for the formulation of the agricultural preserve

as provided by this act. Decisions concerning the acquisition of specific development easements shall be

made within 6 months of the final date fixed for the submission of offers for such

easements. f. Following a determination of the satisfaction of such criteria and the submission

to the committee of a report containing a positive recommendation concerning such

acquisition, the Department of Environmental Protection is hereby empowered to purchase

such development easements on behalf of the State. 1

N.J.S.A. § 4:1B-14. 2

N.J.S.A. § 4:1B-9. 3

N.J.S.A. § 4:1B-4.