N.J. Admin. Code § 2:76-17.12 - Landowner offer
(a) Within 30 days of receipt of the Committee 's
certification of the market value of the development easement, the county shall
report the certified value to the landowner.
1.
The county may negotiate a purchase price of the development easement for an amount
greater than or less than the Committee 's certified market value of the development
easement, but not greater than the higher of the two independent appraised
development easement values determined pursuant to
N.J.S.A. 4:1C-31(c) and
13:8C-1 et seq.,
P.L.
1999 , c. 152 and
N.J.A.C. 2:76-17.1 1.
2. If applicable, the county shall inform the
landowner of the terms and conditions of any installment purchase agreements,
options or potential donations.
(b) Within 60 days of the landowner's receipt of
the Committee 's certification of the market value of the development easement, the
landowner shall submit, in writing, an acceptance or rejection of the offer. A copy
of the acceptance or rejection shall be provided to the Committee .
1. An offer by a landowner requesting to sell his
development easement for a value that is greater than the higher of the two
independent appraised development easement values determined pursuant to
N.J.S.A. 4:1C-31(c), and
N.J.S.A. 13:8C-1 et seq.,
P.L.
1999 , c. 152 and
N.J.A.C. 2:76-17.1 1 shall be deemed a rejection
of the offer.
2. If the landowner
accepts the county 's offer, the county shall enter into an agreement with the
landowner contingent upon the board 's final review pursuant to
N.J.A.C.
2:76-17.13 and the Committee 's final review
pursuant to
N.J.A.C.
2:76-17.14 and, if requested, shall provide a
copy of the agreement to the Committee , and in the event municipal funds are
provided, to the municipality.
3. If a
landowner rejects an offer for an amount equal to or greater than the certified
market value, the Committee shall not accept for processing any individual farm
application or application for sale of land in fee simple pursuant to the planning
incentive grant program or any other farmland preservation program authorized
pursuant to
N.J.S.A. 4:1C-11 et seq.,
or 13:1C-1 et seq., for two years from the date that the board originally submitted
an individual farm application to the Committee . This provision applies only to an
application from the same landowner for the same farm property.
Notes
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