reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.21 - Appraiser selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State-Certified General Real Estate Appraiser (SCGREA) certified pursuant to 13:40A-1.2 on the Committee's list of approved appraisers as of July 2, 2007, shall be eligible to remain on the Committee's approved list subject to 2:76-6.2 2.
(b) A State-Certified General Real Estate Appraiser (SCGREA) certified pursuant to 13:40A-1.2 that is not on the Committee's list of approved appraisers as of July 2, 2007, may apply to the Committee in writing, by no later than June 1 of the year in which the appraiser wants to be added to the list of approved appraisers, subject to the Committee's determination that the appraiser has satisfied the following requirements:
1. The appraiser is equipped with adequate office support and resources to efficiently complete narrative appraisal reports on a large scale as confirmed by the Committee's review appraiser;
2. The appraiser has demonstrated his or her experience in appraising various types of real estate such as residential, commercial, industrial and special purpose assignments with an emphasis on appraising agricultural and vacant lands;
3. The appraiser has presented a summary of his or her credentials including a partial list of clients indicating the scope of practice, a copy of his or her license and three references;
4. The appraiser has provided an example of an agricultural or vacant land appraisal report that has been reviewed by the Committee's review appraiser and found to be prepared based on generally recognized appraisal practices with reasonable and justified conclusions, adheres to appraisal report format, and is without errors and omissions; and
5. The appraiser has attended the Committee's annual appraisal seminar in the year in which he or she is making application to the Committee to be considered for approval.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.22 - Appraiser retention and removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, the Committee shall conduct a review of the qualifications of all approved appraisers and may remove an appraiser who does not meet the provisions of 2:76-6.2 1 or (b) below.
(b) To be retained as an approved appraiser, the Committee shall ensure that the appraiser complies with the following:
1. The appraiser has attended at least one of the Committee's annual appraisal seminars in the last two years;
2. The appraiser has satisfied contractual requirements, has complied with Committee handbook standards and N.J.A.C. 2:76-10, has complied with generally recognized appraisal practices and responded to the contracting agency to address any appraisal deficiencies or questions in a timely manner.
i. The contracting agency shall notify the Committee if an appraiser has not complied with the above;
3. The appraiser has responded to the Committee's review appraiser to address any appraisal deficiencies or questions in a timely manner; and
4. The appraiser has consistently prepared quality appraisal reports that do not contain errors and omissions that impact the integrity of the appraisal report.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.23 - Determination of the Committee's cost share for a development easement on lands acquired in fee simple title by a government entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for a board and/or county or municipality that has acquired land in fee simple title for farmland preservation purposes to be eligible for a cost share grant for the purchase of a development easement as a partial interest in the fee simple title, the board and/or county or municipality shall submit an application to the Committee pursuant to this subchapter within three consecutive funding rounds (see 2:76-6.5(g)  ), or within three years of the date of acquisition for any other permanent farmland preservation program.
(b) Where the government entity has not yet resold the premises with deed restrictions at the time the Committee provides its cost share grant, the Committee shall base the amount of its cost share grant on either the development easement value determined pursuant to N.J.A.C. 2:76-10 and certified by the Committee, or the purchase price of the premises paid by the board and/or county or municipality minus the certified "after" value of the restricted premises, whichever is less. In the case of a municipal transaction, the development easement value or purchase price shall be adjusted to include any municipal interest costs incurred as defined at 2:76-6.1 1(d).
1. Grant agreements governing transactions described in (b) above, shall provide that, if the government entity receiving the grant sells the restricted premises for more than the "after" value used to calculate the grant amount, the government entity shall reimburse to the Committee any funds previously paid by the Committee for the development easement on a pro rata basis up to the amount of the cost share grant, within 30 days of the government entity's resale of the restricted premises.
2. Failure to comply with this provision may result in the Committee filing a petition with the Department of Treasury, Division of Taxation to withhold approval of the government entity's budget for the next fiscal year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 7 - REVIEW OF NON-AGRICULTURAL DEVELOPMENT PROJECTS IN AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-7.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to any public body or public utility which intends, within an agricultural development area, to exercise the power of eminent domain for the acquisition of land, or advance a grant, loan, interest subsidy or other funds within an agricultural development area for the construction of dwellings, commercial or industrial facilities, transportation facilities, or water or sewer facilities to serve non-farm structures.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 7 - REVIEW OF NON-AGRICULTURAL DEVELOPMENT PROJECTS IN AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-7.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"Advance a grant, loan, interest subsidy or other funds" means the provision of funds in the form of a grant, loan or interest subsidy or other financial assistance for the construction of a project as defined in this subchapter.
"Agricultural development area" means the agricultural land area identified by the board and certified by the Committee pursuant to 4:1C-18 and N.J.A.C. 2:76-1.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agriculture retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Initiation of an action" means the earliest of the following events: the filing of a complaint by a public body or public utility with the New Jersey Superior Court for permission to exercise the power of eminent domain; the issuance of a draft environmental impact statement or environmental assessment; the approval of a project as a "categorical exclusion" by the Federal Highway Administration; or, in the case of the advancement of funds, the time at which a public utility or public body decides to make a final commitment to advance a grant, loan, interest subsidy or other funds toward a project.
"Notice of intent" means the written notification by a public body or public utility to the Committee and the board and the supporting documents and information pursuant to 2:76-7.3(c)  and 2:76-7.4(d).
"Project" means the use or purpose for which any public body or public utility intends to acquire land within an agricultural development area through the exercise of the power of eminent domain, or the construction, within an agricultural development area, of dwellings, commercial or industrial facilities, transportation facilities, or water or sewer facilities to serve non-farm structures, for which construction any public body or public utility intends to advance a grant, loan, interest subsidy or other funds.
"Proposed action" means the intention of any public body or public utility to exercise the power of eminent domain for the acquisition of land or advance a grant, loan, interest subsidy or other funds for a project as defined in this subchapter.
"Public body" means any State, regional, county or municipal agency or governing body, including but not limited to special districts and authorities.
"Public utility" means and includes every public utility enumerated in 48:2-13, and every natural gas pipeline utility as defined at 48:10-2 et seq. vested with the power of eminent domain and subject to regulation under State or Federal law.
"Secretary" means the Secretary of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 7 - REVIEW OF NON-AGRICULTURAL DEVELOPMENT PROJECTS IN AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-7.3 - Responsibilities of the public body and/or public utility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of intent shall be filed with the board and the Committee by any public body or public utility which intends, within an agricultural development area, to:
1. Exercise the power of eminent domain for the acquisition of land; or
2. Advance a grant, loan, interest subsidy or other funds for the construction of a project as defined in this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to all transactions in which the State Agriculture Development Committee purchases real property pursuant to P.L. 1988, c. 4, 4:1C-31.1, 4:1C-31.2, 4:1C-38, and 4:1C-39 and all other relevant provisions of the Agriculture Retention and Development Act and the Garden State Preservation Trust Act, P.L. 1999, c. 152.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Agricultural Development Area(s) (ADA)" means area(s) identified by a county agriculture development board pursuant to the provisions of 4:1C-18 and certified by the State Agricultural Development Committee (SADC).
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4. "Agricultural deed restrictions for farmland preservation purposes" means a statement containing the conditions of the conveyances and the terms of the restrictions set forth in P.L. 1983, c.32 and as additionally determined by the committee on the use and development of the land which shall be recorded with the deed in the same manner as originally recorded.
"120-day commitment letter" means a document prepared by the Committee and signed by the landowner and Committee that requires the landowner to refrain from entering into any option agreement, contract of sale, or any other agreement affecting title to the subject farm for a period of 120 days, during which time the Committee shall hire two independent appraisers to appraise the subject farm.
"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in 2:76-6.1 6.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.3 - Landowner offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner of farmland within an agricultural development area may offer to sell to the Committee the fee simple absolute title to the farmland at a price which, in the opinion of the landowner, represents the fair market value of the property.
(b) The Committee shall forward copies of the offer to the respective board and municipality.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.4 - Board and municipal comments

Current through Register Vol. 56, No. 14, July 15, 2024
The respective board and municipality may submit comments regarding the pending offer to the Committee within 30 days of the date of application.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.5 - Committee evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining the suitability of the purchase of farmland, the Committee shall consider the criteria set forth in 4:1C-31.1 and any comments of the respective board and municipality.
(b) In addition to the factors set forth in (a) above, the Committee shall evaluate the same criteria utilized for the evaluation of applications for development easement purchases set forth in 2:76-6.1 6, the criteria contained at 2:76-6.2 0 and the prioritization criteria set forth in (c), (d) and (e) below.
(c) An application received by the Committee that satisfies the minimum eligibility criteria contained at 2:76-6.2 0 and has been evaluated pursuant to 2:76-6.1 6 shall be prioritized as follows:
1. "Priority farm": meets or exceeds both 75 percent of the average farm size in the county in which it is located and its quality score is at least 90 percent of the average quality score in the county in which it is located.
2. "Alternate farm": does not meet the criteria for "priority" farm, but meets or exceeds both 55 percent of the average farm size in the county in which it is located and its quality score is at least 70 percent of the average quality score in the county in which it is located.
3. "Other farm": does not meet the criteria for "priority" or "alternate" farms.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.6 - Committee notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application that receives a "priority" ranking pursuant to 2:76-8.5(b)  shall proceed as follows:
1. The Committee shall consider if it has expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year and available funds.
2. If a determination pursuant to (a)1 above is to proceed with the application, the landowner shall be notified in writing of its application status and requested to enter into a 120-day commitment letter with the Committee.
3. Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to 2:76-8.7.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.7 - Appraisals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall, for each application that has been authorized pursuant to 2:76-8.6 to proceed to the appraisal process, select two independent appraisers on the list of appraisers approved by the Committee pursuant to 2:76-6.2 2 to perform appraisals on the offered farmland.
(b) Appraisals to determine the market value of the fee simple estate and market value of the restricted fee simple estate for purposes of resale of the restricted premises shall be conducted consistent with the process set forth in subsection c of section 24 of P.L. 1983, c. 32 (4:1C-31 ), sections 38(e), (g), (i) and (j) of the Garden State Preservation Trust Act, P.L. 1999, c. 152 and N.J.A.C. 2:76-10.
(c) Upon completion of the appraisals, the appraisers shall forward the appraisal reports to the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.8 - Committee approval of fee simple market value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall appoint a review appraiser to evaluate the two independent appraisals and establish a recommended market value for the fee simple estate and the market value for the restricted fee simple estate.
1. The review shall be done to ensure compliance with the appraisal handbook standards at N.J.A.C. 2:76-10.
2. The recommended market value of the fee simple estate shall not be greater than the highest independent appraised value of the fee simple estate or less than the lowest independent appraised value for the fee simple estate.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.9 - Negotiation of offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee authorizes staff to negotiate the purchase of the farmland in fee simple title with the owner not to exceed the certified market value for the fee simple estate established pursuant to 2:76-8.8.
(b) Upon the owner's acceptance of a fee simple value, the Committee shall conduct a final review pursuant to 2:76-8.1 0.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.10 - Final Committee action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon identification to the Committee of the fee simple value negotiated with a landowner other than a government entity pursuant to 2:76-8.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the fee simple purchase of the land and all of its improvements subject to the following:
1. Available funds; and
2. Execution of an agreement between the owner of the fee simple interest and Committee.
i. If appropriate, the Committee may condition its approval on a local government or nonprofit organization contributing a portion of the cost of acquiring the farmland in fee simple title if the preservation of the farmland is of significant local or regional importance or if the Committee has insufficient funds to pay 100 percent of the acquisition cost.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 8 - ACQUISITION OF FARMLAND IN FEE SIMPLE › Section 2:76-8.11 - Grants to local governments for acquisition of fee simple titles to farmland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 13:8C-37a.(2), the Committee may provide grants to local government entities to pay up to 80 percent of the cost of acquisition of fee simple titles to farmland from willing sellers only.
(b) The Committee's grant shall be determined pursuant to 2:76-6.1 1(d) based on the cost of the local government's acquisition. Cost is defined as the local government's purchase price or the Committee's certified market value of the fee simple estate, whichever is less. In addition, the Committee may provide a grant for up to 50 percent of the eligible ancillary costs as defined at 2:76-6.1 1(d)4.
1. The Committee may provide a lower pro rata cost share of the cost as determined in (b) above under any of the following circumstances:
i. There are limited funds available;
ii. The certified market value of the fee simple estate exceeds $ 115,000 per acre;
iii. The land is of greater local or regional significance and not of Statewide significance; or
iv. The Committee has already expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 9 - EMERGENCY ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the emergency conditions under which the State Agriculture Development Committee (SADC) may provide up to 100 percent funding for the purchase of development easements on farmland pursuant to 4:1C-31(c)  -(e) as amended.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 9 - EMERGENCY ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-9.2 - Emergency purchase conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the SADC determines that there is a substantial likelihood that the use of the land will change from productive agriculture to non-agriculture, the SADC may provide up to 100 percent of the cost of development easements on the following:
1. On farmland which conforms to the priority criteria set forth in N.J.A.C. 2:76-6 and where the SADC determines that the purchase would be in the interest of the State regardless of whether the respective county agriculture development board (CADB) is willing to provide funds for the purchase.
2. On farmland which conforms to the priority criteria set forth in N.J.A.C. 2:76-6 and where both the SADC and the respective CADB determines that the purchase is in their respective interests and no county funding is immediately available.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides the standards contained in the State Agriculture Development Committee's appraisal handbook for independent professional appraisers to follow when conducting appraisals of farmland for the purpose of acquiring a development easement pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32, as amended.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agricultural value" means the value of the property based solely on its agricultural productivity which does not take into account alternative uses for the property.
"Agricultural market value" means the market value of property with a present and future highest and best use for agricultural production. This includes consideration of exposure on the market and competition for agricultural property among farmers.
"Appraiser handbook" means a document prepared and adopted by the Committee which identifies the standards for conducting appraisals which shall be available to the boards.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agricultural Development Committee established pursuant to 4:1C-4.
"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of 4:1C-11 et seq., P.L. 1983, c.32, and any relevant rules or regulations promulgated pursuant thereto.
"Exceptions", unless the text indicates otherwise, means portions of the applicant's land holdings which are not to be encumbered by the deed restrictions contained in 2:76-6.1 5.
"Hydrologically limited area" means those areas which are designated as freshwater wetlands, transition zones, 100 year flood hazard areas, hydric soils, State open waters, State-owned riparian lands, or otherwise lack or have limited development potential due to excessive water.
"Market value restricted" means the market value of property subject to the deed restrictions placed on the title of the property as set forth in 2:76-6.1 5.
"Market value unrestricted" means the market value that a property will bring in the open market under all conditions requisite for a fair sale and which value includes all rights of fee simple ownership.
"Subject property" means the property being considered for the purchase of a development easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.3 - Appraisal report format

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appraisal reports prepared by the independent appraiser pursuant to N.J.S.A. 2:76-6.7 shall follow the following format:
1. Summary;
2. General information;
3. Property valuation before development easement acquisition (market value unrestricted);
4. Property valuation after development easement acquisition (market value restricted);
5. Final estimate of development easement value; and
6. Addendum.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.4 - Summary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The summary section of the appraisal report shall contain the following:
1. A letter of transmittal which shall include the development easement value expressed as a per acre value and a total value;
2. A certification of appraisal which shall include the market value unrestricted, market value restricted, development easement value, date of valuation and the signature of the appraiser responsible for the report;
3. A summary of salient facts and important conclusions which shall include any other information which the appraiser deems relevant. The format shall conform with the sample, Appendix A of this subchapter, incorporated herein by reference; and
4. A table of contents which shall include the topic listings contained in the appraisal report with corresponding page numbers. The format shall conform with the sample, Appendix B of this subchapter, incorporated herein by reference.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.5 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general information section of the appraisal report shall contain the following:
1. The purpose of the appraisal which estimates the market value of the development easement on the subject property as restricted pursuant to 2:76-6.1 5;
2. A statement of the rights being valued:
i. Market value unrestricted;
ii. Market value restricted; and
iii. Development easement value;
3. A section defining the legal and technical terms of the report;
4. Any assumptions and limiting conditions;
5. A section identifying the subject property by municipal tax map block and lot or other means. The subject property and its current use shall be briefly described;
6. Zoning and assessment information; and
7. Information detailing community and neighborhood data. This shall include, but not be limited to, the character of the community, land use trends, degree of development pressure in the area and any other information which may impact the market value unrestricted.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.6 - Property valuation before development easement acquisition (market value unrestricted)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The property valuation before development easement acquisition (market value unrestricted) section of the appraisal report shall contain the following:
1. A description of the subject property including all physical attributes and improvements which shall include, but not be limited to:
i. A discussion of the topography, soil characteristics, hydrologically limited areas, state owned or privately held riparian lands, frontage, configuration, dwellings, outbuildings and other appropriate characteristics;
ii. Any rejected, approved, or pending subdivision plans;
iii. Any exceptions to the subject property. (The appraiser shall incorporate the effect of the value of exceptions into the valuation); and
iv. The estimated acreage of hydrologically limited areas.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.7 - Property valuation after development easement acquisition (market value restricted)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The property valuation after development easement acquisition (market value restricted) section of the appraisal report shall contain the following:
1. A description of the subject property in conformance with 2:76-10.6(a)1. In addition, an evaluation of the deed restrictions contained in 2:76-6.1 5 and their effect on the subject property, the subject property's adaptability for agricultural use or other uses which are not in conflict with the deed restrictions, soils and their productivity and other items which are significant to the valuation of the subject property;
2. A detailed description of the subject property's highest and best use as encumbered by the deed restrictions. The highest and best use analysis shall consider the following:
i. The legality of possible use;
ii. The physical possibility of use;
iii. The probability or likelihood of use; and
iv. The economic feasibility of use.
3. A determination of the subject property's market value restricted. The appraiser shall consider the effect of buildings and improvements when conducting the valuation, but only the market value of the land is required to be identified.
i. The appraiser shall consider the direct sales comparison method of valuation which shall be based on a comparison of the relevant vacant acreage sales to the subject property as encumbered by the deed restrictions. The appraiser shall consider the following types of land sales;
(1) Deed restricted properties;
(2) Physically limited properties;
(3) Flood plain;
(4) Low development pressure; and
(5) Development easements.
ii. The appraiser shall adjust the comparable sales to include, but not be limited to, the following: soil characteristics, zoning, hydrologically limited areas, date of sale, financing, and residential opportunities.
(1) The appraiser shall consider the effect of residential opportunities, including an existing residential unit, an exception, which is not encumbered by the deed restrictions, or a residual dwelling site opportunity allocated to the subject property pursuant to 2:76-6.1 7, if appropriate, and any other improvements when conducting the valuation, but only the market value of the land is required to be identified.
(2) The appraiser shall determine if there is an increment of value attributed to the land that is independent of the actual value of the improvement.
(3) The appraiser shall provide a land sale comparative rating grid in conformance with the sample in Appendix C.
(4) The final estimate of value shall be expressed as a per acre value and a total value for the property.
iii. In addition, the appraiser may consider the following methods of valuation:
(1) Income capitalization; and
(2) Cost approach.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.8 - Final estimate of development easement value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The final estimate of development easement value section of the appraisal report shall contain the following:
1. The estimated development easement value which is arrived at by the difference between the market value unrestricted and the market value restricted and reported as a per acre value and total value of the property;
2. A discussion of the rights represented by the value conclusion and resultant changes in the highest and best use of the unrestricted versus the restricted property; and
3. A summary of the major points of the report which support the final estimate of value.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Section 2:76-10.9 - Addendum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The addendum section of the appraisal report shall contain the following:
1. A subject property location map;
2. A subject property tax map or survey;
3. Soils/flood/topographic maps;
4. A study of hydrologically limited areas (if appropriate);
5. Subject property photos (color);
6. Reference materials, studies, articles, or other data considered important;
7. Development easement deed restrictions; and
8. The appraiser's qualifications.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
SUMMARY OF SALIENT FACTS
AND IMPORTANT CONCLUSIONS
PROPERTY LOCATION
PROPERTY TYPE
LAND SIZE
ZONING
HIGHEST AND BEST USE
DATE OF VALUATION
PER ACRE
TOTAL
ESTIMATE OF PROPERTY VALUE "BEFORE":
........
........
ESTIMATE OF PROPERTY VALUE "AFTER":
........
........
ESTIMATE OF DEVELOPMENT CREDITS VALUE:
........
........
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
TABLE OF CONTENTS
SUMMARY
PAGE #'S
Letter of Transmittal
00
Certification of Appraiser
00
Summary of Salient Facts
00
Table of Contents
00
GENERAL INFORMATION
Appraisal Purpose
00
Estate Appraised
00
Definitions
00
Assumptions and Limiting Conditions
00
General Property Identification and Description
00
Zoning and Assessment Information
00
Community and Neighborhood Data
00
PROPERTY VALUATION, BEFORE DEVELOPMENT
EASEMENT ACQUISITION (MARKET VALUE UNRESTRICTED)
Subject Property Description and Adaptability
for Development Use
00
Highest and Best Use
00
Valuation Method(s)
00
Sales Grid
00
Value Conclusion
00
PROPERTY VALUATION AFTER DEVELOPMENT
EASEMENT ACQUISITION (MARKET VALUE RESTRICTED)
Subject Property Description
00
Highest and Best Use
00
Valuation Methods
00
Sales Grid
00
Value Conclusion
00
FINAL ESTIMATE OF DEVELOPMENT EASEMENT VALUE
ADDENDUM
Subject property location map
00
Subject property tax map or survey
00
Soils/flood/topographic maps
00
Study of hydrologically limited areas
00
Subject property photos
00
Reference materials, etc.
00
Development easement restrictions
00
Appraiser's qualifications
00
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 10 - APPRAISAL HANDBOOK STANDARDS › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
LAND SALE COMPARATIVE RATING GRID
Sale No.
1
2
3
Sale Price
$ .......
$ .......
$ .......
Reflects in Units
$ ......./AC
$ ......./AC
$ ......./AC
Date of Sale
.......
.......
.......
Conditions of Sale
.......%
.......%
.......%
Financing
.......%
.......%
.......%
Time Adjustment
.......
.......%
.......%
Total Adjustment
.......%
.......%
.......%
Adjusted Sales Price
$ .......
$ .......
$ .......
Location
.......%
.......%
.......%
Size
.......
.......
.......
Frontage
.......
.......
.......
Topography
.......
.......
.......
Zoning
.......
.......
.......
Easements
.......
.......
.......
Wetlands
.......
.......
.......
(Hydrologically
limited areas)
Soils
.......
.......
.......
Other
.......
.......
.......
Net Adjustment
.......
.......%
.......%
Value Indicated to
Subject by Unit
$ ......./AC
$ ......./AC
$ ......./AC
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to transactions in which the State Agriculture Development Committee purchases development easements on farmland pursuant to the Garden State Preservation Trust Act, P.L. 1999, c. 152. In order to receive the priority consideration contained in 2:76-8.5, the landowner must be an established farmer as defined in 7 C.F.R. § 1945.154. In order to receive the priority an applicant who conducts the farming operation as an individual must manage the farming operation. If the applicant is another entity, at least one stockholder, member, partner or joint operator must manage the farming operation.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Development easement" means an interest in land, less than fee simple title thereto, which interest represents the right to develop that land for all nonagricultural purposes and which interest may be transferred under laws authorizing the transfer of development potential.
"Farmland" means land identified as having prime or unique soils as classified by the Natural Resource Conservation Service in the United States Department of Agriculture, having soils of Statewide importance according to criteria adopted by the State Soil Conservation Committee, established pursuant to 4:24-3, or having soils of local importance as identified by local soil conservation districts, and which land qualifies for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c.48 (54:4-23.1 et seq.), and any other land on the farm that is necessary to accommodate farm practices as determined by the State Agriculture Development Committee.
"Farmland preservation," "farmland preservation purposes" or "preservation of farmland" means the permanent preservation of farmland to support agricultural or horticultural production as the first priority use of that land.
"120-day commitment letter" means a document prepared by the committee and signed by the landowner and committee that requires the landowner to refrain from entering into any option agreement, contract of sale, or any other agreement affecting title to the subject farm for a period of 120 days during which time the Committee shall hire two independent appraisers to appraise the subject farm.
"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in 2:76-6.1 6.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.3 - Landowner offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner of farmland may offer to sell to the Committee a development easement on the farmland at a price which, in the opinion of the landowner, represents the fair market value of the development easement.
(b) The Committee shall forward copies of the offer to the respective board and municipality.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.4 - Board and municipal comments

Current through Register Vol. 56, No. 14, July 15, 2024
The respective board and municipality may submit comments regarding the pending offer to the Committee within 30 days of the date of application.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.5 - Committee evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining the suitability of the purchase of development easements on farmland, the committee shall consider the criteria set forth in 4:1C-31 and any comments of the respective board and municipality.
(b) In addition to the factors set forth in (a) above, the committee shall utilize the same criteria utilized for the evaluation of applications for development easement purchase set forth in 2:76-6.1 6, the criteria contained in 2:76-6.2 0 and the prioritization criteria set forth in (c), (d) and (e) below.
(c) An application received by the Committee that satisfies the minimum eligibility criteria contained at 2:76-6.2 0 and evaluated pursuant to 2:76-6.1 6 shall be prioritized as follows:
1. "Priority farm": meets or exceeds both 75 percent of the average farm size in the county in which it is located and its quality score is at least 90 percent of the average quality score in the county in which it is located.
2. "Alternate farm": does not meet the criteria for "priority" farm, but meets or exceeds both 55 percent of the average farm size in the county in which it is located and its quality score is at least 70 percent of the average quality score in the county in which it is located.
3. "Other farm": does not meet the criteria for "priority" or "alternate" farms.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.6 - Committee action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application that receives a "priority" ranking pursuant to 2:76-11.5(b)  shall proceed as follows:
1. The Committee shall consider if it has expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year and available funds.
2. If a determination pursuant to (a)1 above is to proceed with the application, the landowner shall be notified in writing of its application status and requested to enter into a 120-day commitment letter with the Committee.
3. Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process set forth at 2:76-11.7.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.7 - Appraisals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each application that has been authorized pursuant to 2:76-11.6 to proceed to the appraisal process, the Committee shall select two independent appraisers on the list of appraisers approved by the Committee pursuant to 2:76-6.2 2 to perform appraisals to determine a development easement value on the offered farmland.
(b) Appraisals to determine the market value of the development easement shall be conducted consistent with the process set forth in subsection c of section 24 of P.L. 1983, c. 32 (4:1C-31 ), sections 38(e), (g), (i) and (j) of the Garden State Preservation Trust Act, P.L. 1999, c. 152, and N.J.A.C. 2:76-10.
(c) Upon completion of the appraisals, the appraisers shall forward the appraisal reports to the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.8 - Committee approval of development easement value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall appoint a review appraiser to evaluate the two independent appraisals and establish a recommended market value of the development easement.
1. The review shall be done to ensure compliance with the appraisal handbook standards at N.J.A.C. 2:76-10 and generally recognized appraisal practices.
2. The recommended market value of the development easement shall not be greater than the highest independent appraised value of the development easement or less than the lowest independent appraised value of the development easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.9 - Negotiation of offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall authorize staff to negotiate the purchase of a development easement with the owner not to exceed the certified market value of the development easement certified by the Committee pursuant to 2:76-11.8.
1. A landowner may voluntarily accept a development easement value that is less than the lowest market value of the development easement as determined pursuant to 2:76-11.8.
2. In the event that the development easement is owned by a governmental entity, the Committee's offer for the purchase of the development easement shall not exceed the Committee's cost share determined pursuant to 2:76-6.1 1(d).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 11 - COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS › Section 2:76-11.10 - Final Committee action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon identification to the Committee of the development easement value negotiated with a landowner other than a government entity pursuant to 2:76-11.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the purchase of the development easement subject to the following:
1. Available funds; and
2. Execution of an agreement between the owner of the development easement and Committee.
i. The Committee may condition its approval on a local government or nonprofit organization contributing a portion of the cost of acquiring the development easement if the preservation of the farmland is of significant local or regional importance or if the Committee has insufficient funds to pay 100 percent of the acquisition cost.