S 4777 — Requires SADC and any local board acquiring farmland for preservation purposes to provide partial payment to landowner, in advance of settlement, to demonstrate good faith intent to proceed with settlement and acquisition.

Summary

Farmland, preservation-prov partial payment to landowner, advance of settlement

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 8 section(s) of the New Jersey statutes: N.J.S.A. 4:1C-31; N.J.S.A. 4:1C-31.1; N.J.S.A. 4:1C-32; N.J.S.A. 4:1C-43.1; N.J.S.A. 13:8C-20; N.J.S.A. 13:8C-38.

• N.J.S.A. 4:1C-31

  % % Approve Disapprove % % and No → (C.4:1C-11 et al.) percent percent , shall approve disapprove percent percent , shall , in writing, , and shall contemporaneously award and disburse to the landowner, as required by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), an advance payment demonstrating the board's good faith intention to proceed with settlement on the accepted offer written notice of offer : (1) , ; (2) identify the fair market value of the development easement, as determined pursuant to subsection d. of this section or subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), as applicable, as well as the negotiated purchase price to be paid for acquisition thereof, to the extent that such negotiated purchase price has been finalized and agreed-upon; (3) summarize the landowner's rights and responsibilities in relation to the receipt and repayment of the good faith advance payment being awarded thereto pursuant to this subsection and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (4) identify the dollar amount of the good faith advance payment to which the applicant landowner is entitled, pursuant to this subsection and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and include the calculations that were used to determine that advance payment amount (1) acceptance received pursuant to subsection e. of this section, (2) Whenever the board's acceptance offer is deemed to have been rejected by the landowner pursuant to paragraph (1) of this subsection, the landowner shall repay to the board, and the board shall recoup in full, as provided by paragraph (2) of subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the good faith advance payment that was previously disbursed to the landowner, pursuant to subsection e. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with the rejected offer. (3) The final, negotiated purchase price that is required to be paid, by the board, at the time of settlement on its proposed acquisition of a farmland development easement, shall be reduced by the sum of moneys previously disbursed to the landowner, through a good faith advance payment awarded for the same acquisition project, pursuant to subsection e. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Except as provided in subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), no

  amended

• N.J.S.A. 4:1C-31.1

  subsection subsection . The committee the according to procedures adopted by regulation by the committee The notify the landowner of the fair market value and amendatory and supplementary act this act this act this act → (1) (2) section section ; and (1) each , for which an offer has not been rejected pursuant to subsection c. of this section, parcel's , in accordance with the provisions of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50) (2) Following the appraisal of a parcel pursuant to paragraph (1) of this subsection, the committee shall provide written notice of offer acceptance to the applicant landowner, and shall contemporaneously award and disburse to the landowner, as required by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), an advance payment demonstrating the committee's good faith intention to proceed with settlement on the accepted offer. The written notice of offer acceptance shall: (a) cite the specific terms, contingencies, and conditions of the purchase; (b) identify the fair market value of the fee simple title, as determined pursuant to paragraph (1) of this subsection or subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), as applicable, as well as the negotiated purchase price to be paid for acquisition of the fee simple title, to the extent that such negotiated purchase price has been finalized and agreed-upon; (c) summarize the landowner's rights and responsibilities in relation to the receipt and repayment of the good faith advance payment being awarded thereto pursuant to this paragraph and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (d) identify the dollar amount of the good faith advance payment to which the applicant landowner is entitled, pursuant to this paragraph and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and include the calculations that were used to determine that advance payment amount. Based on the fair market value of each offered parcel, as identified pursuant to paragraph (1) of subsection d. of this section, the and landowner the actual price to be paid by the committee, at settlement, The final, negotiated purchase price that is agreed to be paid by the committee, pursuant to this paragraph, shall be reduced, at the time of settlement, by the sum of moneys previously disbursed thereby, to the landowner, through a good faith advance payment awarded thereto for the same acquisition project, pursuant to paragraph (2) of subsection d. of this section and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). section P.L.1988, c.4 (C.4:1C-31.1 et al.) P.L.1988, c.4 (C.4:1C-31.1 et al.) P.L.1988, c.4 (C.4:1C-31.1 et al.)

  amended

• N.J.S.A. 4:1C-32

  this act included of of payment that may , (1) annually (2) → P.L.1983, c.32 (C.4:1C-11 et al.) , , that is on payment for to , either to be paid out annually interest The total amount of consideration disbursed to a landowner pursuant to this subsection, whether in a lump sum or on an installment basis, shall be reduced by the amount of consideration that has previously been disbursed thereto, through a good faith advance payment awarded for the same acquisition project, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). from thereafter ; provided, however, that the total amount of consideration authorized for disbursement on an installment basis, in any such case, shall be appropriately reduced by the amount of consideration previously disbursed to such landowner, through a good faith advance payment awarded thereto for the same acquisition project, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill)

  amended

• N.J.S.A. 4:1C-43.1

  act two The appraisals shall be conducted pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31). act act act applied and → section , in conformance with the provisions of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50) , Each such proportional payment agreement shall also include provisions committing each level of government to provide a specific share of the good faith advance payment that is required to be awarded and disbursed to each landowner in the project area, in advance of settlement on the landowner's parcel, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). section , section, the provisions of section the established for purposes of this section applicable , , or

  amended

• N.J.S.A. 13:8C-20

  this act this act this act this act → P.L.1999, c.152 (C.13:8C-18) P.L.1999, c.152 (C.13:8C-37) P.L.1999, c.152 (C.13:8C-37) Notwithstanding the provisions of this section, or the provisions of any other law, rule, or regulation, to the contrary, an appropriate portion of moneys held in the fund may be annually allocated, by the committee, to finance the advance payments that are required to be awarded and disbursed to applicant landowners, on a tentative, contingency basis, and in advance of settlement, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with any State or local project which is undertaken for the purposes set forth in section 37 of P.L.1999, c.152 (C.13:8C-37). , including unexpended moneys that have been tentatively expended for good faith advance payment purposes, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), but which have been repaid by and recouped from the landowner due to project withdrawal or cancellation, P.L.1999, c.152 (C.13:8C-23)

  amended

• N.J.S.A. 13:8C-38

  , and in accordance with the advance payment procedures and requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill),

  amended

• N.J.S.A. 13:8C-40

  (1) , when used , ; and (2) Advance payments, when used to demonstrate the committee's good faith intention to proceed with settlement and final acquisition of a farmland development easement, shall be awarded and disbursed to the landowner, and shall be repaid to the committee or deducted from the final, negotiated purchase price that is required to be paid thereby at the time of settlement, as appropriate, in a manner consistent with the process set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the rules and regulations adopted pursuant thereto

  amended

• N.J.S.A. 13:8C-50

  paragraph (2) of acquisition → (4) Notwithstanding the provisions of this section, or the provisions of any other law, rule, or regulation, to the contrary, an appropriate portion of moneys held in the fund may be annually allocated, by the committee, to finance the advance payments that are required to be awarded and disbursed to applicant landowners, on a tentative, contingency basis, and in advance of settlement, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), in association with any State or local project which is undertaken for the purposes set forth in section 37 of P.L.1999, c.152 (C.13:8C-37). , including unexpended moneys that have been tentatively expended for good faith advance payment purposes, pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), but which have been repaid by and recouped from the landowner due to project withdrawal or cancellation, final purchase that is to be paid to effectuate the acquisition of the development easement or fee simple title, as the case may be

  amended

Action History

1. October 05, 2026

   INT 1RS REF SEG

Sponsors

• Owen Henry · Primary

Subjects