New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 36 - GREEN ACRES PROGRAM
Subchapter 4 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS
Section 7:36-4.9 - Acquisition by condemnation
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A local government unit may use Green Acres funding to acquire land by condemnation in accordance with the Eminent Domain Act of 1971, 20:3-1 et seq.
(b) A local government unit should not institute condemnation proceedings for any parcel within the proposed project site unless it has received approval of its application under 7:36-8.1 and the notification of eligible land cost under 7:36-8.4, or an at-risk authorization under 7:36-6.3.
(c) If an appraisal submitted to Green Acres under 7:36-8.3 must be updated for a condemnation proceeding, the local government unit shall comply with the appraisal procedures contained in 7:36-8.3 in the performance of the updated appraisal.
(d) When a local government unit condemns a project site, Green Acres will consider the condemnation award to be the updated eligible land cost. For purposes of this section, a condemnation award is the value established by the court through the Condemnation Commissioners or a jury; it does not include a Consent Judgment or other negotiated settlement.
(e) The local government unit may request supplemental funding under 7:36-9.3 if a condemnation award exceeds the eligible land cost established pursuant to 7:36-8.4.
(f) The local government unit must submit a copy of the final judgment of condemnation as part of the request for disbursement of funds under 7:36-9.4.
