New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 65 - TRANSPORTATION UTILITIES › Subchapter 4 - PETITIONS AND RIGHT OF FIRST REFUSAL › Section 16:65-4.6 - Right of first refusal

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Pursuant to the provisions of
				48:12-125.1, any railroad company
				that makes application to the Surface Transportation Board for authority to
				abandon any part of its right-of-way on which passenger or freight services are
				operated, or to abandon, sell, or lease any of its right-of-way over which
				services have previously been authorized for abandonment and title to that
				right-of-way currently remains with the railroad shall, within 10 days of
				making the application, serve notice of its application upon the State and upon
				each county and municipality in which any part of the right-of-way proposed for
				abandonment, sale, or lease is located. As used in this section "right-of-way"
				means the roadbed of a line of railroad, not exceeding 100 feet in width, as
				measured horizontally at the elevation of the base of the rail, including the
				full embankment or excavated area, with slopes, slope ditches, retaining walls,
				or foundations necessary to provide a width not to exceed 100 feet at the base
				of the rail, but not including tracks, appurtenances, ballast, or any
				structures or buildings erected along the railroad line.
(b) Pursuant to the provisions of
				48:12-125.2, each notice shall
				contain a brief description sufficient to identify the right-of-way intended to
				be abandoned and sold or otherwise disposed of together with a statement that
				the notice is given to afford the State and each county and municipality in
				which the right-of-way is located an opportunity to acquire the right-of-way or
				any portion of the right-of-way that may be required for public use.
(c) Pursuant to the provisions of
				48:12-125.3, service of the notice
				shall be made by certified mail, return receipt requested, addressed to the
				Governor and the Department in the cases of service upon the State; to the
				director or clerk of the board of chosen freeholders, in the cases of service
				upon a county; and to the mayor or municipal clerk, in the cases of service
				upon a municipality.
(d) Pursuant
				to the provisions of
				48:12-125.1, no sale or conveyance
				of any part of the right-of-way shall be made to any entity other than the
				State, or a county or municipality, for a period of 90 days from the date of
				approval by the Surface Transportation Board of the application for abandonment
				or from the date of service of the notice required by (a) above, whichever
				occurs later, unless prior to that each governmental entity entitled to notice
				shall have filed with the railroad company a written disclaimer of interest in
				acquiring all or any part of the right-of-way during the time period in which a
				railroad company is restricted from selling or conveying any part of a
				right-of-way pursuant to this section.
(e) Pursuant to the provisions of
				48:12-125.1, during the period of
				90 days in which a railroad company is prohibited from selling or conveying any
				part of a right of way pursuant to (d) above, the railroad company shall
				negotiate in good faith for the sale or conveyance of the right-of-way with the
				State, or with any municipality or county in which the right-of-way proposed
				for abandonment, sale, or lease is located and which expresses written interest
				in acquiring the right-of-way.
(f)
				In order for a governmental entity to exercise its right of first refusal and
				pursuant to the provisions of
				48:12-125.1, any sale or
				conveyance of a right-of-way made after the expiration of the 90-day period,
				described in (d) above, to any entity, other than the State or a county or
				municipality in which any part of the right-of-way proposed for abandonment is
				located, shall be subject to the right of first refusal by the State, or a
				county or municipality, provided that the governmental entity has made an offer
				to purchase the right-of-way during the 90-day period that was refused by the
				railroad company. The governmental entity shall have no less than 90 days from
				either the date of receipt from the railroad company of an offer to purchase
				the right-of-way by an entity, other than the State, or a county or
				municipality, or any other contract setting forth the terms and conditions
				governing the sale to which this right of first refusal is applicable or the
				effective date of abandonment as authorized by the Surface Transportation
				Board, including the expiration of any stays, whichever occurs later. Upon
				exercising this right of first refusal, the governmental entity shall purchase
				the right-of-way for the same amount agreed upon between the railroad company
				and the entity to whom the company attempted to sell or convey the right-of-way
				pursuant to this section.