ASSEMBLY, No. 95

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROONEY

An Act prohibiting adverse possession of State-owned property and supplementing Title 2A of the New Jersey Statutes.

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

    1. a. Nothwithstanding any other provision of law, title to real property owned by the State, any agency thereof, or any political subdivision of the State, whether or not the real property is dedicated to or used for a public purpose, cannot be acquired by adverse possession. Actions brought by the State, any agency thereof, or any political subdivision of this State for the recovery of any publicly owned real property shall not be time-barred.

    b. As used in this act, "real property" shall mean lands, structures, franchises and interests in land, including air space and air rights, waters, lands under water and riparian rights, and any and all things and rights encompassed by the said term, and includes, not only fees simple absolute but also any and all lesser interests, including, but not limited to easements, rights of way, uses, leases and licenses.

    2. This act shall take effect immediately.

Exempts government-owned property from adverse possession and eliminates statute of limitation period for recovery.