New Jersey Assembly Bill A2621

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Establishes restrictions and conditions for certain owners of preserved farmland to reacquire development rights for limited area of preserved farmland.

Summary

Assembly Bill A2621 seeks to establish specific conditions under which owners of preserved farmland may reacquire development rights that were previously sold to state or nonprofit entities. The bill primarily applies to cases where the development rights were originally acquired before June 30, 1999. The legislation aims to provide qualifying landowners the opportunity to sell back development rights for a limited area of their preserved farmland, contingent on specific stipulations regarding the land’s use and total acreage. The legislation delineates that the land from which development rights can be reacquired must not be in agricultural production and is limited to non-residential uses, specifically capping the area to 10 percent of the total preserved farmland. Furthermore, this provision is only applicable to parcels of at least 100 acres of preserved farmland. This means that smaller farms would not benefit from reaccessing their development rights, outlining a clear boundary for eligibility. An important feature of the bill involves the financial framework surrounding the reacquisition of development rights. The price per acre for these rights will be calculated based on the average price paid when acquiring the original easement, plus associated administrative fees capped at 15 percent. Such fees are earmarked for administrative costs or other farmland preservation purposes, which could play a role in promoting sustainable land use practices. The bill effectively intertwines the goals of agricultural preservation with the needs of landowners seeking to adapt their land for potential changing uses. However, this balance may generate contention, particularly from stakeholders who may view extended development opportunities on preserved farmland as a dilution of the original intent of preservation efforts. Taking into account the historical context and preservation goals as outlined in the Garden State Preservation Trust Act, the legislation aims to navigate existing land use tensions while promoting viable economic opportunities for landowners.