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A1566
ASSEMBLY, No. 1566
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Exempts sales of county property from certain
requirements under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain sales of county property that
are no longer needed for county purposes and amending P.L.1993, c.36.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1993,
c.36 (C.40A:12-13.5) is amended to read as follows:
���� 1.��� a.�
[
In
]
�
Except as
provided in subsection c. of this section, in
addition to any other
applicable requirements of law, no county may sell, lease for a term of 20
years or more, or exchange any real property or capital improvement for any
purpose unless the county first:�
���� (1)�� Prepares a report
identifying the reasons for, and all advantages and disadvantages and benefits
and detriments of, the proposed sale, lease, or exchange; assessing the
environmental and recreational impact of that proposed sale, lease, or
exchange, including, but not limited to, the impact on endangered species and
nongame species as defined and regulated pursuant to P.L.1973, c.309 (C.23:2A-1
et seq.), and endangered plant species as defined and regulated pursuant to
P.L.1989, c.56 (C.13:1B-15.151 et seq.); and assessing the environmental and
economic value of the real property or capital improvement proposed to be sold,
leased, or exchanged under both its current and proposed use;�
���� (2)�� Makes the report
required to be prepared pursuant to paragraph (1) of this subsection available
upon request, at no cost or at the cost of reproduction, to the public at least
30 days in advance of the date of the first scheduled public hearing required pursuant
to paragraph (3) of this subsection, and at each of the two public hearings;
and�
���� (3)�� Conducts two public
hearings on the proposed sale, lease, or exchange at least 14 days apart and at
least 90 days in advance of the date of the proposed sale, lease, or exchange.�
Of the two public hearings, one shall be held in the county seat, and the other
in the municipality wherein the real property or capital improvement proposed
to be sold, leased, or exchanged is located or, if that is not practicable, in
a municipality as close thereto as can reasonably be arranged.� At each such
hearing, the county shall explain the proposed sale, lease, or exchange and
indicate the consideration to be received by the county for agreeing to the
proposed sale, lease, or exchange.
���� Notwithstanding the provisions
of this paragraph to the contrary, in the case of real property or a capital
improvement that is proposed to be sold, leased, or exchanged which is located
within the municipality that serves as the county seat, only one public hearing
need be held.
���� b.��� The county may assess
and collect a reasonable fee from any person to whom real property or a capital
improvement may be sold, leased, or exchanged pursuant to this act, which fee
shall cover the administrative and any other costs incurred by the county in
complying with the provisions and requirements of this act.� The fee shall be
payable whether or not the real property or capital improvement is in fact
eventually sold, leased, or exchanged to such person.
����
c.���� (1) This section
shall not apply to the private sale and conveyance of real property to a local
unit, including but not limited to a private sale and conveyance of all or a
part of a tract of land, with or without improvements, to a municipality in
accordance with section 1 of P.L.1975, c.75 (C. 40A:12-13.3).
����
(2)�� This section shall
not apply to the conveyance of all or a part of a tract of land improved or
unimproved to the board of education of a Type II school district in accordance
with section 19 of P.L.1971, c.199 (C.40A:12-19), so long as the school board members
are directly elected by the voters.
����
(3)�� For the purposes of
this subsection:
����
"Local unit"
means a municipality or county and any board, commission, council, district, or
other body created by a municipality or county if the governing body of the board,
commission, council, district, or other body is comprised of members who are
directly elected by the voters.
(cf: P.L.1993, c.36, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� Under current law, whenever a
county wants to sell real property that it no longer needs, the county must
prepare a report: identifying the reasons for the proposed sale; assessing the
environmental and recreational impact of that proposed sale; and assessing the
environmental and economic value of the real property proposed to be sold.�
Current law requires the county to make the report available to the public and
to conduct two public hearings on the proposed sale.� The county must provide
notice of the hearings by newspaper publication and by mail to owners of
property located near the property proposed to be sold.
���� This bill would exclude sales
of county property from these requirements if the proposal is to sell property
to a local unit of government that is represented by a duly elected governing
body. This exclusion would apply to sales to Type II school districts,
municipalities, and counties, as well as to any entity created by a
municipality or county if the governing body of the entity is comprised of
members who are directly elected by the voters.