N.J. Admin. Code § 16:47-10.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:47-10.7 - Right-of-way dedication

(a) All right-of-way dedications to the Department shall comply with prevailing laws and Federal Highway Administration regulations.

(b) All right-of-way documents required for dedications shall be prepared in conformance with the requirements of N.J.A.C. 16:47 Appendix E.

(c) Right-of-way dedications are accomplished in a multi-step process as follows:

1. Once notified that a dedication will be required, the lot or site owner shall submit to the Bureau of Major Access Permits two copies of the existing deed to the lot or site, two copies of a metes and bounds description of the land to be dedicated to the State, and two copies of a 22-inch by 36-inch General Property Parcel Map (GPPM) at a scale of one inch equals 30 feet, along with the single point of contact for this process.

2. After Department approval of the documents listed in (c)1 above, the lot or site owner will be advised to submit:

i. A 22-inch by 36-inch mylar of the approved GPPM at a scale of one inch equals 30 feet;

ii. Six prints of the GPPM signed and sealed by a New Jersey licensed land surveyor;

iii. Six copies of the approved metes and bounds description signed and sealed by a New Jersey licensed land surveyor;

iv. Two copies of a signed waiver letter from the present owner indicating his or her knowledge that the land dedicated has value and his or her willingness to waive all rights to receive compensation from the State for these lands and access rights that he or she will dedicate to the State at no cost;

v. Two copies of a draft, unsigned deed of conveyance or perpetual easement for the right-of-way dedication to the State with legal description and reduced copy (either 8.5-inch by 11-inch or 8.5-inch by 14-inch to match the deed size) of the GPPM attached. The lot or site owner is solely responsible for resolving and removing all liens, encumbrances, or both, from the deed prior to obtaining the title policy, with the only exception being public utility easements; and

vi. A single point of contact concerning any required revisions to the draft deed.

3. After approval of the documents listed in (c)2 above, the lot or site owner will be notified to execute the deed of conveyance and record it with the county. The lot or site owner will also be directed to submit one copy of the recorded deed of conveyance and a title policy to the Department. The required title policy is to be of a nominal dollar value of $ 5,000 and is to be evidence that the State has acquired "good and marketable title" to the parcel dedicated with no exceptions other than public utility easements, which means the parcel cannot be encumbered by any rights held by others except for public utility easements.

N.J. Admin. Code § 16:47-10.7

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018