ASSEMBLY, No. 1867

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblymen LeFEVRE and BLEE

An Act concerning riparian grants and leases and amending R.S.12:3-23.

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

    1. R.S.12:3-23 is amended to read as follows:

    12:3-23. Lease or grant to persons other than riparian owners; notice to riparian owners

    a. The board, with the approval of the governor, may lease or grant the lands of the state below mean high-water mark and immediately adjoining the shore, to any applicant or applicants therefor other than the riparian or shore-owner or owners, provided the riparian or shore-owner or owners shall have received six months' previous notice of the intention to take said lease or grant such notice given by the applicant or applicants therefor, and the riparian or shore-owner or owners shall have failed or neglected within said period of six months to apply for and complete such lease or grant; the notice herein required shall be in writing and shall describe the lands for which such lease or grant is desired, and it shall be served upon the riparian or shore-owner or owners personally; and in the case of a minor it shall be served upon the guardian; in case of a corporation upon any officer performing the duties of president, secretary, treasurer or director, and in the case of a nonresident owner the notice may be by publication for four weeks successively at least once a week in a newspaper or newspapers published in the county or counties wherein the lands are situate, and in case of such publication, a copy of such notice shall be mailed to such nonresident owner (or in case such nonresident owner be a corporation, then to the president of such corporation, directed to him at his post-office address, if the same can be ascertained, with the postage prepaid); but nothing contained in sections 12:3-21 to 12:3-25 of this title shall be construed as repealing, altering, abridging, or in any manner limiting the provisions and power conferred upon the riparian commissioners and governor by sections 12:3-19 and 12:3-20 of this title.

    b. The Tidelands Resource Council shall not lease or grant to any

person lands of the State below the mean highwater mark and waterward of an existing lease or grant of lands of the State below the mean high water mark and immediately ajoining the shore, unless the person holding the existing lease or grant, after receiving notice from the Tidelands Resource Council of an application for the proposed lease or grant in the manner set forth in subsection a. of this section, approves in writing the proposed lease or grant.

    2. This act shall take effect immediately and shall be retroactive to January 1, 1996.

STATEMENT

    This bill would prohibit the Tidelands Resource Council from leasing or granting to any person lands of the State below the mean highwater mark and waterward of an existing riparian lease or grant unless the person holding the existing lease or grant, after receiving notice from the Tidelands Resource Council of an application for the proposed lease or grant, approves in writing the proposed lease or grant. This bill would be retroactive to January 1, 1996, and would thus apply to any lease or grant proposed after that date.

Conditions riparian leases or grants waterward of existing leases or grants on approval of owner of existing lease or grant.