Table of contents I. Members and staff

CURRENT PROPOSED COMMENT

6:1-1 27A:41-2

6:1-2 deleted see 27A:41-1

6:1-9 deleted see 27A:41-3

6:1-11 deleted see 27A:41-20

6:1-12 27A:41-13

6:1-13 27A:41-13

6:1-14 deleted unnecessary

6:1-15 deleted see 27A:41-7, 27A:41-15(b)

6:1-16 deleted see 27A:41-3; 27A:41-16

6:1-17 27A:41-10

6:1-18 27A:41-19

6:1-19 deleted see 27A:41-24

6:1-20 27A:41-2

6:1-21 27A:41-1

6:1-29 27A:41-3

6:1-30 deleted unnecessary

6:1-31 27A:41-4

6:1-32 27A:41-16

6:1-33 27A:41-23

6:1-34 27A:41-13

6:1-35 27A:41-9

6:1-37 27A:41-13

6:1-38 27A:41-13

6:1-40 27A:41-1

6:1-42 27A:41-10

6:1-43 27A:41-15 see also 27A:41-8

6:1-44 27A:41-7

6:1-44.1 27A:41-8; 27A:41-11

6:1-44.2 deleted unnecessary

6:1-45 27A:41-12

6:1-46 27A:41-22

6:1-47 deleted unnecessary

6:1-48 27A:41-5

6:1-49 deleted repealed by L. 1998, c. 54 § 5, eff. July 10, 1998

6:1-50 deleted unnecessary

6:1-51 27A:41-20

6:1-52 deleted unnecessary

6:1-53 deleted unnecessary

6:1-59 27A:41-24

6:1-59.1 27A:41-24

6:1-60 deleted unnecessary

6:1-61 27A:41-20

6:1-62 27A:41-21

6:1-80 27A:43-2

6:1-81 deleted unnecessary

6:1-82 27A:43-1; 27A:43-3

6:1-83 27A:43-4

6:1-84 27A:43-5

6:1-85 27A:43-6

6:1-85.1 27A:43-6

6:1-85.2 27A:43-7

6:1-86 27A:43-8

6:1-87 27A:43-9

6:1-88 27A:43-10

6:1-89 deleted unnecessary

6:1-90 27A:42-2

6:1-91 27A:42-1

6:1-92 27A:42-3

6:1-93 27A:42-4

6:1-94 27A:42-5

6:1-95 27A:42-7

6:1-95.1 27A:42-8

6:1-96 27A:42-9

6:1-97 27A:41-6

6:2-1 deleted see 27A:41-1

6:2-2 deleted unnecessary

6:2-3 deleted unnecessary

6:2-4 deleted unnecessary

6:2-5 deleted unnecessary

6:2-6 deleted unnecessary

6:2-7 27A:41-25

6:2-8 deleted unnecessary

6:2-9 deleted unnecessary

6:2-10 deleted unnecessary

6:2-11 27A:41-14

6:2-12 27A:41-18

6:3-1 27A:42-6

6:5-1 deleted see 27A:41-1

6:5-2 27A:41-26

6:5-3 27A:41-27

6:5-4 27A:41-28

6:5-5 27A:41-31

6:5-6 27A:41-29

6:5-7 27A:41-30

6:5-8 deleted see 27A:41-27

6:5-9 27A:41-32

State of New Jersey

This tentative report is distributed to advise interested persons of the Commission's tentative recommendations and to notify them of the opportunity to submit comments. The Commission will consider these comments before making its final recommendations to the Legislature. The Commission often substantially revises tentative recommendations as a result of the comments it receives. If you approve of the tentative report, please inform the Commission so that your approval can be considered along with other comments.

Please send comments concerning this tentative report or direct any related inquiries, to:

John M. Cannel, Esq., Executive Director

NEW JERSEY LAW REVISION COMMISSION

153 Halsey Street, 7th Fl., Box 47016

Newark, New Jersey 07101

973-648-4575

(Fax)973-648-3123

email: njlrc@eclipse.net

web site: http://www.lawrev.state.nj.us

INTRODUCTION

As used in this title:

a. "Commissioner" means the Commissioner of the Department of Transportation;

b. "Department" means the Department of Transportation;

c. "Public entity" means any division or subdivision established by government;

d. "Local public entity" means a public entity whose jurisdiction is limited to a county or smaller area.

e. "Highway" means any road under the jurisdiction of a public entity and intended for use by motor vehicles; "highway" includes structures such as bridges carrying the road or other ways over the road, and areas and facilities ancillary to the road such as rest areas, and margins. Sidewalks though not intended for motor vehicle use are included.

f. "Person" includes any corporation, authority or other organization;

Source: New

COMMENT

The definition of highway is new. A highway is defined to include not only the roadway but all ancillary structures, facilities and spaces. The breadth of the definition obviates statutory provisions such as those separately authorizing the construction of sidewalks and curbs (27:7-39) and those providing particularly for bridges (27:7-45 to 7-48). The term "highway" in subsection (e) includes any kind of public roadway. This breadth of definition is consistent with that applicable to Title 39 - Motor Vehicles and Traffic Regulation. N.J.S. 39:1-1. Note however that subsequent chapters define highway more narrowly to make the term relevant in those contexts.

a. There is hereby established in the Executive Branch of the State Government a principal department that shall be known as the Department of Transportation.

b. The main office building of the Department of Transportation in the township of Ewing in the county of Mercer is designated as the “David J. Goldberg Transportation Building.”

c. The purposes of the Department are to solve transportation problems; to promote an efficient transportation system; to prepare and implement transportation development; to manage transportation systems; and to coordinate transportation activities among State agencies, State-created public authorities, and other public agencies.

Source: 27:1A-1; 27:1A-2; 27:1A-2.1

COMMENT

The head of the Department shall be the Commissioner of Transportation. The Commissioner shall be a person qualified by training and experience to perform the duties of that office.

Source: 27:1A-4

COMMENT

The Commissioner shall:

a. develop, maintain and revise at least every five years, a comprehensive master plan for all modes of transportation development, with special emphasis on public transportation;

b. develop, promote and operate programs, systems, and facilities providing efficient and economical transportation;

c. prepare plans for the preserving, improving and expanding the public transportation system, with special emphasis on coordinating transit modes and using rail rights of way, highways and public streets for public transportation;

d. contract with the New Jersey Transit Corporation and other public entities for the construction, improvement and maintenance of transportation projects;

e. coordinate Department transportation activities with those of other public entities ;

f. promulgate regulations authorizing the Department to set and charge fees for services it performs and permits it issues where appropriate;

g. develop and promote programs for the preservation and improvement of freight railroads, with special emphasis on using rail rights of way to provide rail freight service;

h. ensure the safety and continued operation of aviation facilities; and

i. cooperate with interstate Commissions and authorities, State agencies, federal agencies, and interested private individuals and organizations in the coordination of plans and policies for the development of air commerce and air facilities;

j. make an annual report to the Governor and to the Legislature on the Department's operations, and make other reports as the Governor requests;

k. annually compile and make available to the public information submitted to the Division of Motor Vehicles, pursuant to R.S.39:4-131, concerning cellular telephones in motor vehicles involved in traffic accidents where the operator of the motor vehicle was using a cellular telephone at the time of the accident; and

l. effect the purposes of the Department.

Source: 27:1A-5; 27:7-11, 27:7-19; 27:7-21; and 27:1A-5.19.

COMMENT

a. The Commissioner may: (1) organize the Department, establishing necessary divisions; (2) adopt regulations and prescribe duties for work and administration of the Department; and (3) delegate powers to officers or employees.

b. Delegated power shall be exercised under the Commissioner's supervision and direction.

Source: 27:1A-6(a)

COMMENT

This section is substantially identical to its source.

The Commissioner shall designate an employee in the Department as Acting Commissioner, to perform the powers and duties of the Commissioner during absence or disability of the Commissioner. This designation shall be in writing, filed with the Secretary of State and subject to approval of the Governor. During a vacancy in the Commissioner's office, the Acting Commissioner shall perform the powers and duties of the Commissioner until a new Commissioner is appointed and qualifies.

Source: 27:1A-6(b)

COMMENT

a. The Commissioner may appoint Assistant and Deputy Commissioners, directors of divisions and programs within the Department, and other administrative officers from among persons qualified by training and experience to perform the duties of office. These officers shall serve at the pleasure of the Commissioner, and receive the salary established by the Commissioner with the approval of the Department of Personnel and the Director of the Division of Budget and Accounting.

b. In the event that any of the officers named in this section is appointed from persons employed in the classified service of the State, that officer shall retain any rights or protection provided by Title 11A, of the New Jersey Statutes or any law relating to pension or retirement during tenure in the appointed office.

Source: 27:1A-8; 27:1A-10; 27:1A-12; 27:1A-13; 27:1A-14

COMMENT

Subsection (a) grants general authority to appoint administrative officers. It replaces sections that provided for particular officers. Subsection (b) is substantially identical to 27:1A-14.

a. The Commissioner shall maintain special funds established for transportation purposes and may make expenditures from those funds consistent with the restrictions and purposes of the funds.

b. The Commissioner may accept funds from the federal government or other public entities and may expend those funds for transportation purposes.

Source: New

COMMENT

This section gives the department general authority to expend funds other than those derived from yearly appropriations. Subsection (a) replaces a number of provisions giving particular authority over the proceeds of various bond issues. See 27:11-1 et seq. Subsection (b) provides specifically for the acceptance of federal and other government transportation funds. That subsection replaces sections allowing the Department to accept funds from the federal government (e.g. 27:8-1 et seq.) and from local governments (e.g. 27:9-1 et seq.). An additional source of transportation funds, the Transportation Trust Fund, is the subject of Chapter 5.

The Commissioner may apply for and accept grants from the Federal Government, or from any foundation or person. The Department may expend grant money upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the Commissioner.

Source:27:1A-7

COMMENT

The Commissioner shall:

a. receive, preserve and make available all records relating to bench marks, plane coordinate monuments and triangulation stations;

b. periodically inspect these marks, monuments and stations and replace any of them which have been destroyed; and

c. erect new marks, monuments and stations in the public interest.

Source: 27:1A-5.5

COMMENT

This section is substantially identical to its source but eliminates a separate provision for establishing a schedule of fees for supplying copies of maps etc. as unnecessary in view of 27:2-3(h).

The Department and the Commissioner are authorized to expend funds appropriated by L.1991 c.185 from funds of the Transportation Trust Fund Authority for the Atlantic City International Airport project and related activities. Notwithstanding other law, the Commissioner may convey land acquired for that project to the South Jersey Transportation Authority with or without consideration.

Source: 27:1A-5.6

COMMENT

The Commissioner, in consultation with other state agencies, shall coordinate plans for monorail systems. Any authority or public entity proposing a monorail project which is not subject to regulation as a railroad shall report the proposal to the Commissioner.

Source: 27:27-1 et seq.

COMMENT

Source: 27:1A-5.16

COMMENT

This section is substantially identical to its source.

a. There is hereby established the New Jersey Transportation Executive Council which shall advise the Commissioner on transportation policies, priorities and progress. The Council through its chairperson shall make recommendations to the Governor on overall transportation policy, capital and operating investments and related fiscal matters.

b. The Commissioner shall serve as the Council's chairperson and shall represent the Department and the New Jersey Transit Corporation on the Council. The Council shall also include the Chairpersons of the New Jersey Turnpike Authority, the New Jersey Highway Authority, the New Jersey Expressway Authority, the Delaware River Port Authority, the Port Authority of New York and New Jersey, the Delaware River and Bay Authority, the Delaware River Joint Toll Bridge Commission, the Palisades Interstate Park Commission, the Atlantic County Transportation Authority, the Cape May County Bridge Commission and the Burlington County Bridge Commission, the Commissioners of Commerce and Economic Development and Environmental Protection, the State Treasurer, the Governor's Director of Policy, the Director of the Governor's Authorities Unit and the Governor's Counsel for Legislation and Policy.

c. The Council shall be aided in its deliberations by a Technical Advisory Group which shall have the Assistant Transportation Commissioner for Policy and Planning as its chairperson and shall include the Executive Director of New Jersey Transit, the Director of New Jersey Transit, Hudson River Waterfront Transportation Office, and the Executive Directors of the New Jersey Turnpike Authority, the New Jersey Highway Authority, the New Jersey Expressway Authority, the Port Authority of New York and New Jersey, the Delaware River Port Authority, the Delaware River and Bay Authority, the Delaware River Joint Toll Bridge Commission, the Palisades Interstate Park Commission, the Atlantic County Transportation Authority, the Cape May County Bridge Commission and the Burlington County Bridge Commission.

d. The Chairperson of the Council may establish committees to carry out the functions of the Council and shall name the members of the committees.

Source: New

COMMENT

This provision is new to the statutes. It is substantially identical to a portion of Executive Order #10 issued June 6, 1990.

a. The following agencies and authorities shall complete strategic business plans:

(1) The Department of Transportation;

(2) The New Jersey Turnpike Authority;

(3) The New Jersey Highway Authority;

(4) The New Jersey Expressway Authority;

(5) The New Jersey Transit Corporation;

(6) The Cape May County Bridge Commission;

(7) The Burlington County Bridge Commission; and

(8) The Atlantic County Transportation Authority.

b. In addition, the Commissioner shall request the following agencies and authorities to complete strategic business plan:

(1) The Port Authority of New York and New Jersey;

(2) The Delaware River Port Authority;

(3) The Delaware River and Bay Authority;

(4) The Palisades Interstate Park Commission; and

(5) The Delaware River Joint Toll Bridge Commission.

c. The Commissioner shall define the requirements for each strategic business plan. Plans shall be filed annually at the time set by the Commissioner.

d. Each strategic business plan shall be submitted to the Commissioner, who shall review it and return the plan or a portion of it for revision if the plan is determined to be incomplete or unsatisfactory.

Source: New

COMMENT

The Commissioner shall periodically report to the Governor on the activities and recommendations of the Transportation Executive Council and on the results of the capital investment and strategic business planning process.

Source: New

COMMENT

The Commissioner is authorized to call upon any department, office, division or agency of this State to supply data, information, personnel or assistance necessary to discharge duties relating to the Transportation Executive Council. Each department, office, division or agency shall comply with requests consistent with law.

Source: New

COMMENT

Any reference in a law, regulation, contract, or document, to a State department or agency relating to a subject transferred to the authority of the Department of Transportation shall be deemed a reference to the Department of Transportation.

Source: 27:1A-60

COMMENT

a. The Department may acquire any property or interest in property that is necessary for:

(1) constructing, facilitating the construction of or maintaining a transportation project,

(2) relocating residents displaced by the construction,

(3) disposing of any property or interest in property which is not needed by the Department,

(4) relocating structures acquired with other property,

(5) protecting or restoring the scenic beauty of areas adjacent to highways or,

(6) improving or protecting environmental conditions associated with Department projects or facilities.

b. Acquisition may be made by condemnation proceedings as provided by Title 20 of the statutes, by purchase or by other lawful means.

c. If the property needed for a purpose set forth in subsection (a) is less than fee ownership or less than an entire tract of land, the Department may acquire fee ownership or may acquire the whole tract of land if that acquisition is in the financial interest of the State.

Source: 27:7-22, 27:7-22.2, 27:7-22.3, 27:7-22.4, 27:7-22.6, 27:7-44.3, 27:7-44.6

COMMENT

When the Department intends to acquire property owned by a local public entity, it shall notify the local public entity. The local public entity may object in writing to the intended acquisition within 60 days of the notice. The Commissioner may not acquire the property unless it is established in a hearing conducted pursuant to the Administrative Procedure Act that the purpose for which the Department intends to acquire the property outweighs the local public use of the property.

Source: 27:7-23

COMMENT

When the Department acquires property subject to use restrictions, they may be abolished by the grantor, successor in title to the grantor or all owners of the property subject to the same restrictions.

Source: 27:7-22.1

COMMENT

The Department may dispose of property only by:

a. using property as consideration to acquire other property required by the Department,

b. private sale to a public entity for transportation purposes,

c. private sale to a public entity for public use, at a price not less than that paid by the Department for acquisition of the property,

d. private sale to the record owner from whom the property was purchased by the Department,

e. public sale to the highest bidder, or

f. lease in accord with law and Department regulations.

Source: 27:7-44.8; 27:12-1

COMMENT

COMMENT

a. The Department may lease or license property in accord with its regulations. The Commissioner may terminate lease or license agreements by giving 30 days written notice to the lessee. No person shall remain in possession beyond the date of termination fixed in the lease or in the notice of termination.

b. The Commissioner shall lease property in the following order to:

(1) the prior owner or person in possession of the property at the time of acquisition,

(2) a public entity for public use,

(3) a person in need of temporary relocation facilities as the result of displacement by any public action, or

(4) persons exempt from tax pursuant to article 2 of Title 54 or other statutes.

c. The Commissioner shall choose among persons holding the same class of preference in the way that best serves the State.

Source: 27:7-21.4; 27:7-21.5; 27:7-21.6; 27:7-44.8

COMMENT

Subsections (b) and (c) establish priorities for choice of persons to whom property is to be leased. The classes of persons given priority are taken from lists in 27:7-21.6 and 27:7-44.8. The requirement of competitive bidding in 27:7-44.8 is deleted as inconsistent with the provision for private negotiation in 27:7-21.6 and as impractical given the system of priorities and the indefinite term of leases.

When the Department leases property, other than to a person or for a use exempt from taxation pursuant to the provisions of Title 54 of the statutes, it shall charge a monthly fee, in addition to rent, equal to 1/12 of the annual municipal tax on the property for the year in which the Department acquired it. These monthly fees shall be paid to the municipality in which the property is located, except that no fees shall be paid for any period in which taxes on the property have been paid.

Source: 27:7-21.7

COMMENT

As used in this subchapter:

a. "Agency" means a public or private entity, including the Department that is using State or federal funds under a program administered by the Department or the New Jersey Transit Corporation.

The Department may exercise the powers granted to a county or municipality by this subchapter on behalf that agency.

b. "Displaced person" means, except as otherwise provided in this section, the following:

(1) A person who moves from real property, or moves his or her personal property from real property as a direct result of: (a) a written notice of intent to acquire, or the acquisition of, the real property, in whole or part, for a program or project undertaken by an agency; or (b) rehabilitation, demolition, or other displacing activity by the agency of property on which the person is a residential tenant or conducts a small business, a farm operation or a business under a program or project undertaken by the agency if the agency determines that the displacement is permanent, and,

(2) Solely for the purposes of subsections (a) and (b) of 27A:3-10 and section 27A:3-13 of this chapter, a person who moves from real property or moves his or her personal property from real property as a direct result of (a) a written notice of intent to acquire, or the acquisition of, other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by an agency; or (b) rehabilitation, demolition or other displacing activity by the agency, of other real property on which the person conducts a business or farm operation, under a program or project undertaken by the agency, if the agency determines that the displacement is permanent.

c. The term "displaced person" does not mean:

(1) a person who has been determined, according to criteria established by the Commissioner, either to be in unlawful occupancy of the displacement property or to have occupied the property for the purpose of obtaining assistance under this chapter; or

(2) a person, other than a person who was an occupant of the property at the time it was acquired by the agency, who occupies the property on a rental basis for a short term or subject to termination when the property is needed for the program or project.

d. "Business" means any lawful activity, excepting a farm operation, conducted primarily: (1) for the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities, or any other personal property, (2) for the sale of services to the public, (3) by a nonprofit organization; (4) for the purposes of 27A:3-10, for assisting in the purchase, sale, resale, manufacturing, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.

e. "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

f. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of real property, together with credit instruments, if any, secured thereby.

g. "Comparable replacement dwelling" means any dwelling that meets the criteria established by the Commissioner in accordance with federal standards with respect to safety, sanitation, size, affordability, functionality, environmental conditions, and location.

h. "Dwelling” means a structure, or portion thereof, which serves primarily as a residence for one or more persons.

Source: 27:7-74

COMMENT

Sections 27A:3-9 through 27A:3-17 are a re-enactment of the Uniform Transportation Replacement Housing and Relocation Act, L.1972 c. 47, amended L.1989 c. 50, C. 27:7-73 through 27:7-88. The wording of these sections was kept nearly identical to that of the Uniform Act to avoid the necessity of federal administrative approvals as a prerequisite to continued funding.

a. When a program or project to be undertaken by an agency will result in the displacement of any person, the agency shall provide for a relocation expense payment to the displaced person of:

(1) Actual reasonable expenses in moving the person, family, business, farm or other personal property;

(2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the agency;

(3) Actual reasonable expenses in searching for a replacement business or farm; and

(4) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, in an amount to be determined according to criteria and limits as established by the Commissioner in accordance with federal standards.

b. Any person who is displaced from a dwelling and is eligible for payments under subsection (a) of this section may elect to accept an expense and dislocation allowance, according to a schedule established by the Commissioner in lieu of payments authorized by subsection (a) of this section.

c. Any person eligible for payments under subsection (a) of this section who is displaced from the of business or farm operation and who is eligible under criteria established by the Commissioner may elect to accept a payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria and limits established by the Commissioner. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection. All criteria and determinations made pursuant to this section shall be in accordance with applicable federal standards.

Source: 27:7-75

COMMENT

a. In addition to payments otherwise authorized by this subchapter, the agency shall make a homeowner payment, within limits established by regulations of the Commissioner, in accordance with federal standards, to a person who is displaced from a dwelling actually owned and occupied by the person for a period as established by regulations of the Commissioner, in accordance with federal standards. The homeowner payment shall include the following elements:

(1) The amount which when added to the acquisition cost of the dwelling acquired by the agency, equals the reasonable cost of a comparable replacement dwelling. Determinations required to determine this amount shall be made pursuant to regulations of the Commissioner, in accordance with federal standards.

(2) The amount which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of any comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for a period as established by regulations of the Commissioner, in accordance with federal standards.

(3) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.

b. The additional payment authorized by this section shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe and sanitary, within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency's obligation under section 27A:3-14 of this chapter is met, whichever is later, except that the agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of the extended date.

Source: 27:7-76

COMMENT

a. In addition to payments otherwise authorized by this subchapter, an agency shall make a displacement payment to any person not eligible to receive a homeowner payment who is displaced from a dwelling actually and lawfully occupied by the displaced person for a period of time and under circumstances as prescribed by regulations of the Commissioner, in accordance with federal standards. This payment shall be consistent with the computation of amounts, periods of time, and accommodation of income as set forth in those regulations. At the discretion of the agency, a payment under this subsection may be made in periodic installments.

b. Any person eligible for a payment under subsection (a) of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. This person may, at the discretion of the agency, be eligible under this subsection for maximum amounts established, and under conditions specified, by regulations of the Commissioner, in accordance with federal standards.

Source : 27:7-77

COMMENT

This section is substantially identical to its source.