ASSEMBLY TRANSPORTATION AND COMMUNICATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 95

STATE OF NEW JERSEY

DATED: MARCH 4, 1996

      The Assembly Transportation and Communications Committee favorably reports Assembly Bill No. 95.

      In Devins v. Borough of Bogota, 124 N.J. 570 (1991), the New Jersey Supreme Court held that municipally owned property which has not been dedicated or used for a public purpose is subject to acquisition by adverse possession. Prior to the Devins ruling, it had been generally held that property owned by any governmental entity could not be acquired by adverse possession. This bill would reverse the holding in Devins and provide that property held by a governmental entity, whether dedicated for a public purpose or not, cannot be acquired by adverse possession.

      Technical review was performed on this prefiled bill, as required under Joint Rule 18A of the Senate and General Assembly.