reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.12 - Intent of act; validity of bonds and notes

40:60-25.12. Intent of act; validity of bonds and notes
It is the intent of this act that the power to issue bonds and notes under this act and the validity of the bonds and notes so issued shall not be dependent in any manner on the power to acquire property or to settle, adjust and discharge encumbrances or claims thereon, under this act, or be affected by the validity or regularity of the proceedings therefor, or the authorization thereof, for the financing of which such bonds or notes are issued or are to be issued.
L.1944, c. 206, p. 731, s. 6, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.13 - Disposition of property; repairs and maintenance

40:60-25.13. Disposition of property; repairs and maintenance
The governing body of such municipality may apply to public use so much of the property acquired by it hereunder as may be needed for public use, and shall sell and dispose of the property not needed for public use as soon as practicable in the manner or mode of procedure provided by law for the sale of property not needed for public use. Pending such sale and disposition, the municipality may lease, repair and maintain any part of said property in such manner as may be necessary for its preservation.
L.1944, c. 206, p. 731, s. 7, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.14 - Surrender of tax exemption

40:60-25.14. Surrender of tax exemption
Any municipality purchasing or intending to purchase tax exempt property as provided in this act, may, by the same or a separate instrument, contract with the owner of such tax exempt property for the surrender and extinguishment in perpetuity, with the owner's consent, of the right or privilege of tax exemption, arising out of the contract with the State; and, in that event, on the consummation of the purchase of such tax exempt property by the municipality, all right or privilege of tax exemption under the contract with the State, of the owner, successors or assigns, shall be extinguished and shall cease and determine, in perpetuity.
L.1944, c. 206, p. 731, s. 8, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.16 - Partial invalidity

40:60-25.16. Partial invalidity
The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor the context in which such part of section so held invalid may appear, excepting to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
L.1944, c. 206, p. 733, s. 10, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.17 - Inconsistent acts superseded

40:60-25.17. Inconsistent acts superseded
With respect to the subject matter of this act, this act shall supersede any other act or part of act inconsistent with any provision of this act, to the extent of such inconsistency.
L.1944, c. 206, p. 733, s. 11, eff. April 21, 1944.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.18 - Industrial property; management

40:60-25.18. Industrial property; management
In any municipality which shall have heretofore purchased or shall hereafter purchase property pursuant to the provisions of chapters two hundred six or two hundred seven of the laws of one thousand nine hundred and forty-four, and all or a portion of such property is industrial property, the governing body of the municipality, to wit, that governmental board of body of the municipality having control or jurisdiction over its financial affairs, may be resolution authorize the mayor or other chief executive of such municipality to appoint a commission (hereinafter referred to as the "commission" ) to manage, maintain, operate, repair, rehabilitate, sell, lease, and if advisable, improve the industrial and other property so acquired or to be acquired (hereinafter in this act referred to as the "property" ), and to designate a chairman of such commission.
L.1946, c. 245, p. 862, s. 1. Amended by L.1947, c. 361, p. 1170, s. 1, eff. June 26, 1947.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.19 - Plant management commission; members

40:60-25.19. Plant management commission; members
The commission which shall be called the "Plant Management Commission" of the municipality, shall be composed of five members appointed respectively for terms of one, two, three, four and five years, computed, however from noon of the first day of January in the year in which said appointments are made. The persons to be appointed to the commission shall be qualified to perform the duties and to discharge the responsibilities imposed upon members of the commission by virtue of the provisions of this act. No member, officer, agent, servant or employee of the commission, shall be directly or indirectly concerned in any agreement or contract, or any improvement whatever, to be made under the provisions of this act, nor shall he be directly or indirectly interested in furnishing goods, chattels or properties of any kind whatsoever to or for the commission.
Each member of such commission shall, within ten days after his appointment, qualify by taking and subscribing before some person authorized to administer oaths an oath or affirmation faithfully to discharge the duties of his office to the best of his skill and understanding and also give bond to such municipality in the sum of five thousand dollars ($5,000.00), to be approved as to form thereof by the counsel or attorney of such municipality and as to the sufficiency thereof by the mayor or other chief executive officer of such municipality, for the faithful discharge of his official duties, which bond shall be filed in the office of the clerk of such municipality.
Vacancies in the commission shall be subsequently filed by appointments for a term of five years, except that any vacancy caused by any reason other than the expiration of the term shall be filled for the unexpired term only. Each member of such commission shall be paid an annual salary of five hundred dollars ($500.00) a year, and shall be entitled to reimbursement of actual and necessary expenses incurred in the performance of his official duties. The powers of the commission shall be vested in and exercised by a majority of the members of the commission then in office. The officer of the municipality having power to appoint the commission may remove any member for inefficiency, neglect of duty or misconduct in office, giving him a copy of the charges against him and an opportunity to be heard in person or by counsel in his defense upon not less than ten days' notice. The commission shall hold a public meeting regularly at least once in each month and shall meet at such other times as it may determine necessary. Three members of the commission shall constitute a quorum for the transaction of all business.
L.1946, c. 245, p. 862, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.20 - Powers of commission

40:60-25.20. Powers of commission
Within such limitations as may be prescribed by such governing body, the commission shall have power to manage, operate, maintain and otherwise deal with the property, to collect rents and other revenues arising therefrom, and from the proceeds after providing for expenses to repair, rehabilitate and improve the property to the extent it shall deem advisable, and for the foregoing purposes, may authorize the proper executive officers of the municipality to enter into any contract for the doing of any work, or for the furnishing of any materials, supplies or labor, or for the hiring of teams or vehicles, or other contracts, subject only to the limitations prescribed as aforesaid. Any moneys remaining at the end of the fiscal year of the municipality, not needed for the purposes aforesaid, or for reserves, or for the payment of interest and principal on notes or bonds issued pursuant to chapters two hundred six and two hundred seven of the laws of one thousand nine hundred and forty-four, may be paid over to the municipality for the general expenses of government.
L.1946, c. 245, p. 864, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.21 - Revenue from plant operations; dedicated funds

40:60-25.21. Revenue from plant operations; dedicated funds
All rents and other revenues derived from the operation of any portion of the property shall be paid to the municipality, shall be deposited in such bank or banks as such governing body shall determine, shall be set apart as a special fund and shall constitute dedicated revenues for the purposes of the annual budget of the municipality.
L.1946, c. 245, p. 864, s. 4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.22 - Sale of plants; proceeds pledged to payment of bonds issued

40:60-25.22. Sale of plants; proceeds pledged to payment of bonds issued
In order further to secure the payment of the principal of bonds which such municipality may issue for the financing of the acquisition of, or of improvements to, the property, or any portion thereof, such governing body of the municipality, by ordinance adopted prior to the issuance of any such bonds, may pledge the proceeds of sales of portions of the property to the payment of such bonds, or a determined amount of bonds, for such purpose or purposes, as the ordinance may provide. In the event of the adoption of such a pledge by such governing body, moneys thereafter derived from the sales of portions of the property shall be paid to the municipality, shall be deposited in such bank or banks as such governing body shall determine, shall be set aside in a special fund and shall be withdrawn from that fund only for the payment of the principal of bonds, as such ordinance may provide. Unless or until such ordinance shall be adopted, all moneys derived from the sales of portions of the property shall be paid to the municipality, shall be deposited in such bank or banks as such governing body shall determine, shall be set aside in a special fund and shall be applied only to the payment of bonds or of notes in anticipation of bonds, thereafter issued by the municipality for the financing of the acquisition of, and of improvements to, the property.
L.1946, c. 245, p. 864, s. 5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.23 - Annual reports by commission

40:60-25.23. Annual reports by commission
As of the first day of February in each year, the commission shall make a detailed financial report to such governing body as to the operation of the property during the preceding calendar year. Copies of all minutes of meetings of the commission shall be promptly filed with the clerk of such governing body and all accounts and records of the commission shall at all times be open to inspection by members and agents of such governing body within business hours.
L.1946, c. 245, p. 865, s. 6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.24 - Terms and conditions of leases or sales of plants; approval of contracts

40:60-25.24. Terms and conditions of leases or sales of plants; approval of contracts
The commission may from time to time negotiate the terms, covenants, provisions and conditions of leases or sales, which sales may be in part for cash and in part on purchase money bond and mortgage, of a portion or portions of the property, and in so doing, the commission in addition to taking into consideration the rental or price, as the case may be, may also consider the following elements: (1) the undesirability of unduly disturbing the occupancy of tenants; (2) the extent to which lessees or purchasers may be willing to commit themselves to making improvements on property to be leased or purchased; (3) the effect on employment in the municipality; (4) the knowledge, experience and skill in industrial operations of such lessees or purchasers; (5) any other factors which will encourage the growth of industry in the municipality and discourage speculative buying and selling of said property; provided, that the commission shall not have the power to sell or lease property that is used or is susceptible of use for supplying and furnishing a utility service, such as water power, or electric light and power.
Upon the completion of any such negotiation, the commission shall submit to the governing body the proposed contract of lease or sale by filing the same with the clerk of such governing body. Such contract shall thereupon be subject to disapproval by such governing body, but if not so disapproved by a resolution within a period of twenty days after such filing, such contract shall thereupon be executed by the proper executive officers of the municipality, and upon such execution, notwithstanding the provisions of any other law, shall be valid and binding upon the municipality, according to its terms, covenants, provisions and conditions, and all deeds, leases and other formal instruments of the municipality affecting said property, when duly authorized, shall be executed by such executive officers.
L.1946, c. 245, p. 865, s. 7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.25 - Employment of manager, engineers, etc.; civil service applicable to employees

40:60-25.25. Employment of manager, engineers, etc.; civil service applicable to employees
The commission may employ a general manager, engineers, a secretary, counsel, and such other engineering, clerical, legal, accounting and other assistants as it may deem necessary to carry out the provisions of this act. The provisions of Title 11 of the Revised Statutes shall be construed to extend to all of the offices, positions and employments of the commission with the exception of the members of the commission, the general manager, secretary, counsel and engineers.
In any employments, the commission shall give preference, wherever possible, but in its absolute discretion, to the persons employed by the owner of the property so acquired by the municipality, having in mind the fitness of such employees for the performance of the duties to be assigned to them and the change of functions of the commission from those of the said owner.
L.1946, c. 245, p. 866, s. 8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.26 - Partial invalidity

40:60-25.26. Partial invalidity
The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor the context in which such part of section so held invalid may appear, excepting to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
L.1946, c. 245, p. 867, s. 9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.27 - Autobus terminals; power to establish; leases; conditions

40:60-25.27. Autobus terminals; power to establish; leases; conditions
The governing body of any municipality is hereby authorized and empowered to acquire by gift, grant, purchase, condemnation or in any other lawful manner, lands and interest therein for autobus terminal purposes and so use lands heretofore acquired for other public purposes and to erect thereon and maintain buildings for the aforesaid purposes. Upon such acquisition or use as aforesaid the governing body of any municipality is authorized to lease said lands so acquired and any buildings erected thereon including leases for the sale of merchandise and privileges to any person, firm or corporation for a consideration, upon such terms and for such term of years as may be agreed upon, or may grant to lessees the right to construct improvements upon such terms and conditions as the governing body may prescribe in the public interest; provided, that no commercial enterprise involving the sale or distribution of any commodity or product used in, or for the servicing of, any motor vehicle using such terminal, shall be conducted or authorized by the governing body or any board, body or agency of a municipality, within or on any terminal authorized by this act; provided, further, that nothing in this act shall prevent carriers using such terminal from servicing their own motor vehicles therein.
L.1946, c. 302, p. 1004, s. 1, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.28 - Use of municipal property

40:60-25.28. Use of municipal property
The governing body of any municipality in this State is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate autobus terminals for the use of autobusses within the limits of such municipality and may use for such purpose or purposes any property suitable therefor that is now or may at any time hereafter be owned or controlled by such municipality.
L.1946, c. 302, p. 1005, s. 2, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.29 - Lands declared to be acquired and used for a public purpose; eminent domain

40:60-25.29. Lands declared to be acquired and used for a public purpose; eminent domain
Any lands acquired, owned, controlled or occupied by such municipality for the purposes enumerated in sections one and two hereof shall and are hereby declared to be acquired, owned, controlled and occupied for a public purpose and as a matter of public necessity for the purpose of relieving traffic in and through the streets of such municipality, and such municipality shall have the right to acquire property for such purpose or purposes under the power of eminent domain as and for a public necessity.
L.1946, c. 302, p. 1005, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.30 - Private property; purchase or condemnation; bonds; construction cost a municipal charge; fees; rules and regulations

40:60-25.30. Private property; purchase or condemnation; bonds; construction cost a municipal charge; fees; rules and regulations
Private property needed by any municipality for an autobus terminal shall be acquired by purchase if the municipality is able to agree with the owners on the terms thereof, and otherwise by condemnation, in the manner provided by the law under which the municipality is authorized to acquire real property for public purposes other than street purposes, or, if there be no such law, in the manner provided for and subject to the provisions of Title 20 of the Revised Statutes. The purchase price or award for real property acquired for an autobus terminal may be paid for by appropriation of moneys available therefor or wholly or partly from the proceeds of the sale of bonds of the municipality, as the governing body of such municipality shall determine. Such bonds shall be authorized and issued in accordance with the provisions of article one of chapter one of Title 40 of the Revised Statutes (s. 40:1-1 et seq.). The governing body of a municipality which has established an autobus terminal and acquired, leased or set apart real property for such purposes may construct, improve, equip, maintain and operate the same or may vest jurisdiction for the construction, improvement, equipment, maintenance and operation thereof, in any suitable officer, board or body of such municipality. The expense of such construction, improvement, equipment, maintenance and operation shall be a municipal charge. The governing body of any municipality may adopt regulations and establish fees or charges for the use of such autobus terminal or may authorize any officer, board or body of such municipality to adopt such regulations and establish such fees or charges, subject, however, to the approval of such governing body before they shall take effect.
L.1946, c. 302, p. 1005, s. 4, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.31 - Property acquired to be self-supporting and taxable

40:60-25.31. Property acquired to be self-supporting and taxable
To the end that affected taxing authorities may not suffer undue loss of taxes and assessments by reason of the acquisition and ownership of property therein by such a municipality, all property hereafter acquired by such a municipality for the purposes of this act, together with improvements thereon or hereafter made thereon shall be self-supporting and subject to taxation for State and local purposes, in the same manner and to the same extent as the real estate of individuals.
L.1946, c. 302, p. 1006, s. 5, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.32 - Annual appropriations

40:60-25.32. Annual appropriations
The governing body of any municipality to which this act is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this act.
L.1946, c. 302, p. 1006, s. 6, eff. May 6, 1946.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.33 - Cemeteries which are public nuisances; acquisition by municipalities and boards of education

40:60-25.33. Cemeteries which are public nuisances; acquisition by municipalities and boards of education
Wherever there exists in any municipality of this State a burying ground or cemetery, owned and controlled by any church or other corporation, which church or corporation is unable to properly care for the same, and by reason thereof the said burying grounds or cemetery has become a public nuisance, the said church or other corporation may apply to the board having charge or control of the finances in such municipality to take possession or authorize the board of education of such municipality to take possession of the said burying ground or cemetery and may convey to said municipality or board of education its interest in the whole or any part thereof.
L.1948, c. 80, p. 467, s. 1, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.34 - Cemeteries detrimental to public health or morals; possession by municipality

40:60-25.34. Cemeteries detrimental to public health or morals; possession by municipality
Wherever there exists in any municipality of this State any burying ground or cemetery, owned or controlled by a church or other corporation, which has neglected to care for the same, so that in the opinion of the board of health of such municipality the said burying ground or cemetery has become a detriment to public health or to the morals of the community, the said board of health may apply to the board or body having charge or control of the finances of said municipality to take possession or authorize the board of education of the municipality to take possession of said burying ground or cemetery.
L.1948, c. 80, p. 467, s. 2, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.35 - Investigation

40:60-25.35. Investigation
Upon receiving such request from such corporation or such board of health, the board or body having charge or control of the finances of such municipality shall investigate whether or not the said burying ground or cemetery is so located that it is inconvenient to care for the same properly, and whether or not it is for the best interest of the people of the municipality where the same is located that the bodies interred therein should be removed and reinterred in a more suitable place, and such old burying ground or cemetery converted into a park or devoted to other public uses or purposes or to school purposes by such municipality or the board of education thereof, as the case may be.
L.1948, c. 80, p. 467, s. 3, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.36 - Use for park, school purposes or other public uses

40:60-25.36. Use for park, school purposes or other public uses
If such board or body having charge or control of the finances of such municipality should determine for the reasons aforesaid that the bodies aforesaid should be removed from any such old burying ground or cemetery, and the same converted into a park, or devoted to other public uses or purposes, or school purposes, it shall be lawful for it to accept on behalf of the municipality or authorize the board of education of such municipality to accept from such church or other corporation a deed of conveyance of the said burying ground or cemetery, and to cause possession thereof to be taken on behalf of the municipality or of the board of education of the municipality, as the case may be.
L.1948, c. 80, p. 468, s. 4, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.37 - Proceedings where church or other corporation controlling cemetery is unable or refuses to convey

40:60-25.37. Proceedings where church or other corporation controlling cemetery is unable or refuses to convey
In case the application is made by the board of health, as provided in section two, and the church or other corporation controlling such burying ground or cemetery shall refuse or neglect to execute such deed, or is unable to convey the whole or any part of such burying ground or cemetery by reason of having conveyed lots or plots or some interest therein to private persons, then it shall be lawful for the said board or body having charge or control of the finances of such municipality or the said board of education to bring an action in the Superior Court to obtain permission for said municipality or the board of education thereof to take possession of said burying ground or cemetery and to cause the bodies in said burying ground or cemetery to be disinterred and to be removed to some suitable place either within or without the limits of said municipality. The court may proceed in the action in a summary manner or otherwise.
L.1948, c. 80, p. 468, s. 5. Amended by L.1953, c. 37, p. 709, s. 202, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.39 - Determination

40:60-25.39. Determination
Upon good cause shown, the court may adjudge that the said burying ground or cemetery has become a public nuisance or is a detriment to the health or morals of the people of said municipality, and that the bodies therein should be disinterred and removed to a more suitable place.
L.1948, c. 80, p. 469, s. 7. Amended by L.1953, c. 37, p. 710, s. 204, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.40 - Removal of bodies and reburial; records and maps

40:60-25.40. Removal of bodies and reburial; records and maps
Upon the execution of the deed referred to in section four or upon the making of the said adjudication, it shall be lawful for the said board or body having charge or control of the finances or the board of education, as the case may be, to cause the bodies buried in said burying ground or cemetery to be disinterred and to be removed and reburied in another cemetery or in some other suitable place, and for that purpose it may enter into a contract with any cemetery company or church organization owning or controlling any cemetery or with any other person to take up and remove the said bodies and to inter the same in any other cemetery or suitable place, and to remove from such abandoned burying ground or cemeteries any tombs, headstones or markers and replace the same in the new place and to provide for the proper care of such new place. The said board or body having control of the finances or said board of education, as the case may be, shall cause records and maps to be prepared and filed in the office of the municipal clerk, on which shall be recorded, as nearly as can be ascertained, the names of all bodies disinterred and the lots or plots from which they were taken in any such old burying ground or cemetery, and the cemetery or place to which they have been taken, and the lot or plots in which they may be reinterred.
L.1948, c. 80, p. 469, s. 8. Amended by L.1953, c. 37, p. 710, s. 205, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.41 - Taking of possession

40:60-25.41. Taking of possession
After the completion of the removal of said bodies the said municipality by any board or body therein by authority of the board or body having charge or control of the finances of said municipality or the said board of education by any agent or agency designated by it may enter upon and take possession of the said abandoned burying ground or cemetery, and devote the same to any public use or purpose or to school purposes.
L.1948, c. 80, p. 470, s. 9, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.42 - Commissioners to appraise land; notice

40:60-25.42. Commissioners to appraise land; notice
In case of the neglect or refusal or inability of such church or other corporation to convey such burying ground or cemetery in whole or in part and free of outstanding interests therein, to such municipality or board of education, and after the making of the adjudication referred to in section seven hereof, the board or body having charge or control of the finances or the said board of education shall then apply to the Superior Court for the appointment of three commissioners to appraise the value of the said burying ground or cemetery and the rights of any person owning any lot or plot therein. Upon the appointment of the said three commissioners they shall give notice in such manner as such court shall designate which may be in whole or in part by publication and may be addressed generally to such persons as have or may have any interest in the said premises to present their claims to the said commissioners, who shall give a public hearing to all persons interested who may present themselves. The said commissioners shall appraise the value of each separate lot or plot and other land included within said burying ground or cemetery.
L.1948, c. 80, p. 470, s. 10. Amended by L.1953, c. 37, p. 711, s. 206, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.43 - Cost of removal of bodies and of new site; lien; payment of difference to lot owners

40:60-25.43. Cost of removal of bodies and of new site; lien; payment of difference to lot owners
The said commission shall further ascertain the cost of the removal of the bodies from each of said lots and the cost of securing the new site and the cost of such disinterment and reinterment, and this cost shall be a first lien against the value of the lots or plots in the abandoned burying ground or cemetery as appraised, and the said municipality or board of education as the case may be shall pay to the owners of each lot or plot the difference, if any, between the value of the lots in the abandoned burying ground or cemetery as appraised and the cost of removing the said bodies and reinterring them in a new cemetery.
L.1948, c. 80, p. 471, s. 11, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.44 - Report; objections; notice

40:60-25.44. Report; objections; notice
The said commissioners shall report to said court the appraised value of each of said lots or plots and other lands within said burying ground or cemetery, and the amounts charged against each of said lots or plots for the removal of said bodies and the reinterment thereof. The report may be confirmed or corrected by said court, which shall fix a day and place for the hearing of objections thereto, and public notice thereof by such advertisement as shall be directed shall be given.
L.1948, c. 80, p. 471, s. 12. Amended by L.1953, c. 37, p. 711, s. 207, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.45 - Objections to report

40:60-25.45. Objections to report
In case the owner of any lot or plot or other lands within said burying ground or cemetery shall feel aggrieved by the report of said commissioners he may object thereto to the court in the proceeding or by action within twenty days after the confirmation of such report. The court may hear any such objection or proceed in the action in a summary manner or otherwise and with a struck jury if any party demands a jury.
L.1948, c. 80, p. 471, s. 13. Amended by L.1953, c. 37, p. 712, s. 208, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.46 - Borrowing money; bonds

40:60-25.46. Borrowing money; bonds
The board or body having charge or control of the finances of such municipality or the board of education, as the case may be, may from time to time borrow the money necessary for the acquisition of said burying grounds or cemeteries as aforesaid and the disinterment of the bodies and the reinterment of the same and all expenses connected therewith, and issue temporary obligations therefor, and after the entire cost thereof has been ascertained may issue interest-bearing bonds of the said municipality or school district to take up such temporary obligations.
L.1948, c. 80, p. 471, s. 14, eff. May 21, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.51 - Acquisition of land and buildings for use by municipality, county, State or United States; courts; lease

40:60-25.51. Acquisition of land and buildings for use by municipality, county, State or United States; courts; lease
The governing body of any municipality, in the name and on behalf of the municipality, may acquire, by gift, devise, purchase or condemnation, or as lessee may lease, for municipal or public uses any land or buildings located within the municipality, and may improve the same and construct therein or thereon and maintain, or cause to be constructed and maintained therein or thereon, a city hall or other municipal building. Every such city hall or other building shall provide facilities for use by the municipality and shall include and provide such space and facilities for use by the county in which such municipality is located, or by or on behalf of the Courts, or by the State or the United States or any board, commission, department or other agency of either of them, as the governing body may determine to be desirable for the public convenience and welfare. The governing body of any municipality may lease or sublease any or all space and facilities in any city hall or other such building to the county for a term not to exceed 40 years, for such rental and upon such terms and conditions, as the governing body and the board of chosen freeholders, by respective resolutions, shall agree, or to the State or the United States or any board, commission, department or other agency thereof aforesaid for such time and rental and upon such terms and conditions as the governing body by ordinance shall authorize.
L.1965, c. 133, s. 1. Amended by L.1966, c. 297, s. 2, eff. Dec. 8, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.52 - Financing of acquisition and improvement; acquisition of facilities for use by county or courts

40:60-25.52. Financing of acquisition and improvement; acquisition of facilities for use by county or courts
The governing body of the municipality may finance the acquisition and improvement of real estate for the purposes of this act by the adoption of a bond ordinance or otherwise as in the case of municipal improvements, and the board of chosen freeholders, in the name and on behalf of the county, may lease as aforesaid or otherwise acquire possession of such space or facilities in any such city hall or other municipal building, whether or not located at the county seat, for use by the county or by the courts as said board may determine to be desirable for the public convenience and welfare.
L.1965, c. 133, s. 2. Amended by L.1966, c. 297, s. 2, eff. Dec. 8, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.53 - Historic sites; acquisition and maintenance

40:60-25.53. Historic sites; acquisition and maintenance
Any municipality may acquire by gift, purchase or condemnation, and maintain and improve any real estate or any interest therein, together with any and all buildings thereon, located within the municipality, as a historic site or for historical purposes, or for the purpose of preserving therein or thereon historical data or objects of historic interest.
L.1966, c. 240, s. 1, eff. Aug. 10, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.54 - Acquisition of lands for future school sites; approval

40:60-25.54. Acquisition of lands for future school sites; approval
The governing body of any municipality may acquire by gift, purchase or condemnation lands for use as future sites for public schools provided that such lands shall have theretofore been designated with the approval of the board of education as future public school sites on a master plan adopted by the planning board or official map, of the municipality, adopted by the governing body.
L.1966, c. 298, s. 1, eff. Dec. 8, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.55 - Future school sites; use for public purpose pending conveyance to board of education

40:60-25.55. Future school sites; use for public purpose pending conveyance to board of education
Any lands acquired by a municipality pursuant to section 1 may, pending subsequent conveyance to a board of education, be used for any public purpose.
L.1966, c. 298, s. 2, eff. Dec. 8, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.56 - Consideration for conveyance to board of education

40:60-25.56. Consideration for conveyance to board of education
The governing body may convey such lands to the board of education of the school district for such nominal or other consideration as shall be agreed upon between the governing body and the board of education.
L.1966, c. 298, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.57 - Acquisition of real property for use by State-operated college of medicine or college of medicine and dentistry

40:60-25.57. Acquisition of real property for use by State-operated college of medicine or college of medicine and dentistry
Any municipality in which a State-operated college of medicine or college of medicine and dentistry, is located, or proposed to be located, is hereby empowered to acquire by purchase, gift, grant, devise or otherwise, and to take for public use, any estate or interest in any real property within the municipality by condemnation, in the manner provided by chapter 1 of Title 20 of the Revised Statutes, except as otherwise provided by this act. The municipality may thereupon sell and convey any estate or interest in any real property so acquired to such college for use by the college for the construction of such facilities as may be required by the college in the performance of its teaching, research and treatment functions. Any estate or interest in any real property so acquired may be sold by the municipality to such college for a nominal consideration for the purpose of promoting the health and general welfare of the municipality.
L.1967, c. 11, s. 1, eff. March 13, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.59 - Relocation assistance program; services

40:60-25.59. Relocation assistance program; services
(a) Any municipality which acquires, or seeks to acquire, real property pursuant to the provisions of this act for the purposes authorized herein shall do any and all things necessary to assure that a workable relocation assistance program for displaced persons and business concerns, offering the services prescribed by subsection (b) of this section, is available to reduce hardship to those affected, and to reduce delays in public improvements.
(b) Every workable relocation assistance program required by subsection (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate, (1) to determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance; (2) to assist owners of displaced business concerns in obtaining and becoming established in suitable business locations; (3) to supply information concerning programs offering assistance to displaced persons and business concerns; (4) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (5) to secure to the greatest extent practicable, the co-ordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the execution of the workable relocation program.
(c) A municipality which acquires, or seeks to acquire, real property pursuant to the provisions of this act for the purposes authorized herein shall, within 30 days of the filing of the declaration of taking and the depositing of the estimated compensation as required by section 2 of this act, designate or appoint a public officer of the municipality who shall be charged with the formulation and implementation of the workable relocation assistance program as required by subsection (a) of this section. The municipality, acting through the public officer so designated or appointed may utilize the facilities, personnel, and services of any other officer or agency of the municipality, or of any agency or authority created or chartered thereby, or may enter into appropriate contracts or agreements with any officer or agency of the Federal, State, county or municipal government, or of any agency or authority created or chartered thereby, or with any nonprofit organization, for the purpose of implementing the workable relocation assistance program.
L.1967, c. 11, s. 3, eff. March 13, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.61 - Abandoned burying ground or cemetery; application for order vesting title in municipality

40:60-25.61. Abandoned burying ground or cemetery; application for order vesting title in municipality
The governing body of a municipality may apply, in accordance with the provisions of this act, to the Superior Court for an order vesting title in the municipality to any abandoned burying ground or cemetery therein owned or controlled by a person who cannot be located through diligent inquiry.
L.1983, c. 194, s. 1, eff. May 24, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.62 - Inquiry to locate owner; certification

40:60-25.62. Inquiry to locate owner; certification
An application for an order vesting title to the abandoned burying ground or cemetery in the municipality shall include a certification by the clerk of the municipality that a diligent inquiry has been conducted to locate the person owning or controlling the burying ground or cemetery. A diligent inquiry shall include, but shall not be limited to:
a. Mailing, by certified mail to the last known address of the last owner of record of the burying ground or cemetery in question and the last known address of any lot owner or any interested party if such information is available, a notice of intent to acquire the burying ground or cemetery by the municipality and that in the absence of a written response to this notice by the person who owns or controls it or lot owner or other interested party, within 60 days of the date of delivery, the municipality will apply to the Superior Court for an order vesting title to the burying ground or cemetery in the municipality under this act.
b. Publication, in at least two newspapers published in this State and of general circulation in the county in which the municipality is located, at least four times in a period of 60 days, of notice of intent to acquire the burying ground or cemetery by the municipality and that in the absence of a written response to this notice by the person who owns or controls it within 60 days of the last date of publication or a lot owner within the same period of time, the municipality will apply to the Superior Court for an order vesting title to the burying ground or cemetery in the municipality under this act.
L.1983, c. 194, s. 2, eff. May 24, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.63 - Vesting of title in municipality

40:60-25.63. Vesting of title in municipality
The Superior Court may vest title to the burying ground or cemetery in the municipality upon its satisfaction that the person owning or controlling the burying ground or cemetery cannot be located through diligent inquiry for the purpose of the transfer of the burying ground or cemetery to the municipality.
L.1983, c. 194, s. 3, eff. May 24, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-25.64 - Maintaining and preserving burying ground or cemetery; interments; disinterments

40:60-25.64. Maintaining and preserving burying ground or cemetery; interments; disinterments
This act shall apply only to the acquisition of an abandoned burying ground or cemetery for the purpose of restoring, maintaining and preserving it as a burying ground or cemetery. No further interments will be permitted, except by order of the Superior Court upon satisfactory proof of ownership of a lot prior to the date of vesting of title in the municipality, and any subsequent disinterment of bodies from the burying ground or cemetery shall conform to the provisions of P.L.1948, c. 80, s. 8 (C. 40:60-25.40), except that portion of that section requiring execution of a deed.
L.1983, c. 194, s. 4, eff. May 24, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:60-28 - Sale of vacated street land; advertisement unnecessary

40:60-28. Sale of vacated street land; advertisement unnecessary
Whenever any road, street, highway, lane or alley has been or shall hereafter be lawfully altered or relocated in such manner as to leave a portion of the original road, street, highway, lane or alley not needed for public use, and the municipality has or shall have vacated or released the public rights therein, the municipality, if it be the owner of the fee of said land, may make a private sale of and convey the lands so vacated to the adjoining property owner or owners at such price as it may deem fair and just. The provisions of section 40:60-26 of this title shall not apply to such sale.