Legal Question in Real Estate Law in New Jersey

Statue (40:60-51.2) Power to waive restrictions

I am in a situation were there is a statue (40:60-51.2) that grants power to the municipality to remove deed restrictions that are placed by the municipality. The problem I am having is in the fact that the town I live in wants to create an ordinance to use this statute first before they even think about removing the deed restriction that they placed on my property and wants me to pay for the ordinance (Town Attorney legal fees and newspaper postings). This sounds like an extremely unjust way of performing this task considering the fact that the town has removed deed restrictions before which were placed by the local government in the past. Is it legal for the town to have me pay for this ordinance? I am a local resident of the town, and have been since 2000, I thought that�s what my property taxes pay for � local government action. Why should I incur the burden of the fees associated with the creation of a new bylaw, it seems like the town is double dipping. Does the town need to create an ordinance to use this statute?


Asked on 12/03/03, 9:21 am

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Statue (40:60-51.2) Power to waive restrictions

If the benefit derived effects only your land, it is probably proper for them to charge you for it.

If there is an alternative procedure, they should follow that. Ask for a copy of the written regulation, ordinance, or statute that authorizes them to charge.

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Answered on 12/03/03, 10:16 am
Walter LeVine Walter D. LeVine, Esq.

Re: Statue (40:60-51.2) Power to waive restrictions

There may be some discretion in how they handle this. Maybe you are not on their "team", as was in the past. Remind them they did this previously with no charges, so you should be treated similarly. There is a requirement for the ordinance procedure to be used, so that part is correct. Get the statutory authorization for the charges and an estimate of the total costs. The costs are probably a few hundred dollars and may be worth the cost to get it done.

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Answered on 12/03/03, 1:09 pm


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