SENATE CONCURRENT RESOLUTION No. 34

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senator BASSANO

 

 

A Concurrent Resolution proposing an amendment to Article VIII, Section III of the Constitution of the State of New Jersey.

 

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

    1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to :

 

PROPOSED AMENDMENT

 

    Amend Article VIII, Section III of the Constitution by adding thereto a paragraph 4 as follows:

    4. The application and use of privately-owned land for permanent conservation, recreation and open space uses is in the public interest. The Legislature may enact general laws under which municipalities may adopt ordinances to grant exemptions from property taxation on privately-owned property kept for these uses. These exemptions shall be granted only on privately-owned property with respect to which all unrealized and unexpended rights to development or use other than conservation, recreation or open space have been dedicated, for a specified period of time, to the municipality in which the property is located by covenant, deed restriction, or other instrument and for which public access to the property has been provided.

 

    2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

    3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

    There shall be printed on each official ballot to be used at the general election, the following:

    a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

    If you favor the proposition printed below make a cross (X), plus (+) or check (•) in the square opposite the word ‘Yes.’ If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word ‘No.’

    b. In every municipality the following question:

 




 

 

PROPERTY TAX EXEMPTIONS ON

CERTAIN DEDICATED PRIVATELY-OWNED

PROPERTY











 

YES

Shall the amendment adding a new paragraph 4 to Article VIII, Section III of the Constitution, agreed to by the Legislature and authorizing the Legislature to enact general laws under which municipalities may grant property tax exemptions on privately-owned property that is dedicated, for a specified period of time, to the municipality for conservation, recreation and open space uses and for which public access has been provided, be adopted?

 

 

INTERPRETIVE STATEMENT









 

NO

This amendment to the Constitution, agreed to by the Legislature, would authorize the Legislature to enact general laws under which municipalities may grant property tax exemptions on privately-owned property that is dedicated, for a specified period of time, to the municipality for conservation, recreation and open space uses and for which public access has been provided

 

 

STATEMENT

 

    This Senate concurrent resolution proposes an amendment to Article VIII, Section III of the State Constitution to permit the Legislature to enact laws allowing municipalities to provide property tax exemptions for privately-owned property that is dedicated to municipalities for conservation, recreation or open space uses.

    This amendment to the Constitution, if approved by the voters, would add a paragraph to Article VIII, Section III thereof. That article and section contain paragraphs concerning tax exemptions in blighted areas, the prohibition of giving or loaning money or credit to private agencies and the prohibition of appropriations or land donations to private agencies. The new paragraph would permit municipalities, upon enactment of State law, to adopt ordinances granting property tax exemptions to privately-owned property for which all unrealized and unexpended rights to development or use other than conservation, recreation or open space use have been dedicated, for a specific time period, to the municipality and for which public access is provided.

 

 

                                                       

 

Proposes constitutional amendment to permit property tax exemptions for certain privately-owned land dedicated for conservation, recreation or open space uses.