N.J. Admin. Code § 6A:26-7.4

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

Section 6A:26-7.4 - Approval for the disposal of land, including rights or interest therein, or improvements thereon

(a) The school district shall make to the Division a written request for school district-owned land to be altered or disposed of through sale, transfer, or exchange of all or part of the total acreage, including rights or interest therein and/or improvements thereon, such as facilities, if applicable.

1. A copy of the request shall be sent by the school district to the executive county superintendent, who shall make recommendations to the Division. The executive county superintendent shall provide to the district board of education a copy of the recommendations.

2. The request shall indicate whether the school district intends to convey the site, rights or interest therein, and/or improvements thereon under an exception to the public sale requirements per 18A:20-6.

3. The request shall indicate whether the school district intends to convey the site, rights, or interest therein, and/or improvements thereon that had been conveyed to the school district from the Development Authority or funded in whole or in part by State share under EFCFA.

4. If the land, rights, or interest therein, and/or improvements thereon have been conveyed to the school district from the Development Authority, the request shall provide evidence acceptable to the Department that the property has not reverted to the Development Authority as authorized under 19:34-3.6.

5. If a school district seeks to dispose of land, rights, or interest therein, and/or improvements thereon funded in part with debt service aid pursuant 18A:7G-9 or 10, and the land and/or improvements are either not needed or not being used for the purposes for which the bonds were issued, any proceeds from the disposal shall be used by the school district first to reduce the outstanding principal amount at the earliest call date or to annually reduce the debt-service principal payments. A district board of education may request approval from the Commissioner to apply the proceeds over the term of the outstanding debt or by some other distribution mechanism if, for example, it is beneficial to stabilizing the school district's debt-service tax levy.

(b) The Division shall determine whether the disposal is consistent with the school district's approved LRFP or has a negative impact on the educational adequacy of an individual site.

(c) The Division shall notify the school district of its approval or disapproval and send a copy to the executive county superintendent. If the disposal includes a site, rights, or interest therein and/or improvements thereon conveyed to the school district from the Development Authority, is funded in whole or in part by State share under EFCFA, or is in a school district that is required to use the Development Authority, the Division shall also notify the Development Authority.

(d) A school district may convey and transfer, without consideration, its right, title, and interest in and to any trunk or other sewer lines to a municipality, pursuant to 18A:20-9.1 without requiring approval from the Division.

N.J. Admin. Code § 6A:26-7.4

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).
Inserted "school" preceding "district" throughout; in the introductory paragraph of (a), inserted "school" preceding "district-owned"; and in (a)5 and (b), inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a) through (c); and in (d), deleted "of said conveyance" following "approval".