Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Authorizes State, local, and nonprofit acquisition of fee simple titles to, and development easements on, farmland, in certain cases, for negotiated purchase prices exceeding appraised value thereof.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the acquisition and pricing of fee simple titles to, and development easements on, farmland, supplementing Title 13 of the Revised Statutes, and amending various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
Appraised value means the highest dollar amount, determined pursuant to, and using the various valuation methods set forth in, subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), which represents the monetary value of a farmland development easement that is proposed to be acquired under the States farmland preservation laws, and which amount is to be used as the starting point and basis for further pricing negotiations, between the proposed purchaser and the landowner, regarding the final purchase price to be paid for acquisition of the development easement.
Committee means the State Agriculture Development Committee established pursuant to section 4 of the Right to Farm Act, P.L.1983, c.31 (C.4:1C-4).
Constitutionally dedicated moneys means any constitutionally dedicated moneys, as defined in section 3 of P.L.1999, c.152 (C.13:8C-3), and any constitutionally dedicated CBT moneys, as defined in section 3 of P.L.2016, c.12 (C.13:8C-45).
County agriculture development board means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).
Designated preservation area means an area of land that is located within the designated boundaries of: the Highlands preservation area, as delineated pursuant to subsection b. of section 7 of P.L.2004, c.120 (C.13:20-7); the pinelands preservation area, as delineated pursuant to subsection b. of section 10 of P.L.1979, c.111 (C.13:18A-11); or a municipally approved farmland preservation program area, as delineated pursuant to section 14 of P.L.1983, c.32 (C.4:1C-21).
Farmland preservation laws means and includes the Agricultural Retention and Development Act, P.L.1983, c.32 (C.4:1C-11 et al.), the Garden State Preservation Trust Act, P.L.1999, c.152 (C.13:8C-1 et seq.), the Preserve New Jersey Act, P.L.2016, c.12 (C.13:8C-43 et seq.), any Green Acres bond act, as defined by section 3 of P.L.2016, c.12 (C.13:8C-45), any rules or regulations adopted pursuant thereto, and any other law, rule, or regulation that governs or provides funding for the acquisition, stewardship, maintenance, or transfer of farmland for preservation purposes.
Final, negotiated purchase price or negotiated purchase price means the fixed dollar amount identified in the written terms of a proposed agreement of sale, as negotiated and agreed-to by the parties pursuant to subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), which dollar amount represents the final, negotiated, and agreed-upon purchase price to be paid, by the purchaser to the landowner, for the acquisition of fee simple title to, or a development easement on, farmland owned thereby.
Hearing board means the county agriculture development board or subregional agricultural retention board which oversees a hearing conducted pursuant to subsection d. of this section.
Local government unit means a county, municipality, or other political subdivision of the State, or any agency, authority, or other entity thereof, including, but not limited to, a county agriculture development board or subregional agriculture retention board, which is authorized to acquire fee simple title to, or a development easement on, farmland pursuant to the States farmland preservation laws.
Proposed State or nonprofit purchaser means the committee or a qualifying tax exempt nonprofit organization, which is proposing to acquire fee simple title to, or a development easement on, farmland pursuant to the States farmland preservation laws.
Qualifying tax exempt nonprofit organization means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
Subregional agricultural retention board means a subregional agricultural retention board established pursuant to section 10 of P.L.1983, c.32 (C.4:1C-17).
b. Except as otherwise provided by this section, whenever the committee, a local government unit, or a qualifying tax exempt nonprofit organization offers to purchase fee simple title to, or a development easement on, farmland pursuant to the States farmland preservation laws, the final, negotiated purchase price to be paid for the acquisition of such fee simple title or development easement shall be equal to or less than the appraised value thereof.
c. (1) Notwithstanding the provisions of subsection b. of this section or any other law, rule, or regulation to the contrary, whenever a local government unit offers to purchase fee simple title to, or a development easement on, farmland using constitutionally dedicated moneys in whole or in part, the final, negotiated purchase price to be paid thereby, for the acquisition of the fee simple title or development easement, may exceed the appraised value thereof, provided that the governing body of the county in which the relevant farmland is situated has first adopted an ordinance, in compliance with all public hearing and comment requirements applicable thereto, and in conformance with the requirements of paragraph (3) of this subsection, approving of the proposed acquisition, at such negotiated purchase price, based on the unique characteristics, qualities, or location of the land on which the fee simple title or development easement is to be acquired.
(2) Whenever a local government unit offers to purchase fee simple title to, or a development easement on, farmland at a final, negotiated purchase price that exceeds the appraised value thereof, the local government unit, prior to finalizing and executing the negotiated agreement of sale, shall provide a copy of such proposed and negotiated sales agreement to the governing body of the county in which the farmland is situated.
(3) Within 30 days after receipt, pursuant to paragraph (2) of this subsection, of a proposed and negotiated agreement of sale relating to the State or local acquisition of fee simple title to, or a development easement on, farmland, the governing body of the county shall review the proposed agreement of sale and adopt an ordinance approving or disapproving of the execution thereof and the acquisition of the fee simple title or development easement at the negotiated purchase price set forth therein. Any such ordinance shall, at a minimum, include the following findings of fact:
(a) the location of the land on which the fee simple title or development easement is to be acquired, the local government unit proposing to engage in such acquisition, the reasons why such land is deemed to be suitable for agricultural and horticultural use and purposes, and the location and size of the fee simple title or development easement to be acquired thereon;
(b) the appraised value of the fee simple title or development easement to be acquired;
(c) the final, negotiated purchase price proposed to be paid for the acquisition of the fee simple title or development easement;
(d) the total dollar amount and percentage by which the final, negotiated purchase price of the title or easement, as identified under subparagraph (c) of this paragraph, exceeds the appraised value thereof, as identified under subparagraph (b) of this paragraph; and
(e) the unique chara