N.J. Admin. Code § 6A:26-3.12

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:26-3.12 - Acquisition of land by school districts

(a) Every acquisition of land, whether by purchase, condemnation, or by gift or grant, to be used as a school site shall comply with N.J.A.C. 6A:26-7 and receive approval thereunder.

(b) School districts may seek to acquire land as part of a school facilities project or prior to approval of a school facilities project. If approval for land acquisition is sought prior to approval of a school facilities project and the school facilities project is subsequently approved, such school facilities project shall be deemed to have included the land acquisition.

(c) Every land acquisition shall be approved by voters or the board of school estimate, unless otherwise provided in (c)1 through 3 below:

1. If a school district intends to utilize school bonds to acquire the land prior to the approval of a school facilities project, the request for local-debt authorization shall state that the school bonds proceeds will be utilized to acquire land to be used for a school facilities project identified in the approved LRFP, and that the availability of State support for such a school facilities project will not be determined unless and until the school facilities project is submitted and approved as eligible for State support pursuant to EFCFA and this subchapter. School districts may also seek to acquire land as part of an other capital project or prior to its review and approval, if any.

2. If a school district intends to utilize funds in its capital reserve account to fund an acquisition of land for a school facilities project in its approved LRFP, voter approval of the withdrawal from capital reserve is not required if the appropriation to the capital reserve account for the acquisition of land receives voter approval pursuant to 6A:23A-14.1.

3. If a school district utilizes funds other than school bonds or funds from the capital reserve account to acquire the land, except for gifts, grants, other private sources, and municipal surplus, the school district shall include as a line item in its annual school budget submitted to the voters the appropriation of funds for the land acquisition.

i. An approved line-item appropriation for the acquisition of land in the annual budget certified for taxes shall not become part of the pre-budget-year net budget for purposes of calculating the spending-growth limitation of the subsequent year pursuant to 18A:7F-1 et seq. Unused spending authority calculated pursuant to 6A:23A-10.3 that is created by such appropriation shall not be considered unused spending authority available to a district board of education in the next two budget years.

N.J. Admin. Code § 6A:26-3.12

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (a); in (c), added the last sentence; inserted a new (d); recodified former (d) as (e) and rewrote the paragraph.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "Acquisition of land by districts". Inserted "school" preceding "district" throughout; and in (b) and (c)1, substituted "School districts" for "Districts".
Recodified from N.J.A.C. 6A:26-3.13 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.12, Initiation of other capital projects, recodified to N.J.A.C. 6A:26-3.11.