ASSEMBLY, No. 3798

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED NOVEMBER 8, 2001

Sponsored by:

Assemblyman GUY R. GREGG

District 24 (Sussex, Hunterdon and Morris)

Assemblyman E. SCOTT GARRETT

District 24 (Sussex, Hunterdon and Morris)

SYNOPSIS

    Directs DEP acquisition of Hamburg Mountain in Sussex County for conservation purposes, and makes an appropriation.

CURRENT VERSION OF TEXT

    As introduced.

An Act concerning the acquisition of the Hamburg Mountain tract in Sussex County for conservation purposes and making an appropriation.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The Department of Environmental Protection shall acquire, and preserve and maintain in the name of the State, for conservation purposes, the real property located in Vernon Township, Sussex County, that is known as the Hamburg Mountain tract. Upon acquisition, the department shall preserve, manage, and maintain the property for conservation purposes.

    2. The Commissioner of Environmental Protection shall certify to the Director of the Division of Budget and Accounting in the Department of the Treasury the amount that is necessary to acquire the property pursuant to section 1 of this act.

    3. There is appropriated to the Department of Environmental Protection from the General Fund a sum equal to the amount certified by the Commissioner of Environmental Protection pursuant to section 2 of this act.

    4. This act shall take effect immediately, except that section 3 shall take effect upon the certification required pursuant to section 2 of this act.

STATEMENT

    This bill would direct the Department of Environmental Protection (DEP) to acquire the Hamburg Mountain property in Vernon Township, Sussex County, for conservation purposes. The bill would direct that the funds for this purchase be provided from the General Fund to the DEP after the Commissioner of Environmental Protection certifies to the Director of the Division of Budget and Accounting in the Department of the Treasury the amount that is necessary to acquire the property.

    The 1,240 acre property was previously a portion of the Hamburg Mountain Wildlife Management Area and owned by the State of New Jersey. The property, including the former Vernon Valley-Great Gorge ski area, was sold to Great American Recreation, Inc. in 1986, following the enactment of P.L.1985, c.326 which authorized the sale of this State property. The property includes the top of Hamburg Mountain, which is a forested ridge top, and is adjacent to the Hamburg Mountain Wildlife Management Area owned by the State.

    When the property was sold it contained a deed restriction allowing the property to be used only for "parks, natural areas, forests, camping, fishing, water reserves, wildlife, reservoirs, hunting, boating, winter sports and similar uses for either public outdoor recreation or conservation of natural or historic resources or both." This deed restriction is consistent with the language of P.L.1985, c.326 that provided that the property was to "be continually utilized for conservation or recreation or fish and game purposes." The property was sold for $873,660. This purchase price was limited to the fair market value of the property given the deed's land use restrictions.