N.J. Stat. tit. 40A, ch. 7

N.J. Stat. tit. 40A, ch. 7
in effect

N.J. Stat. § 40A:7-1 Law applicable in annexed territory

When part of one county is annexed to or consolidated with another county under any law, all laws, general, local or special, affecting the county to which the part is annexed shall extend to and have the same effect within the annexed territory as they have elsewhere in the county, and all such laws applicable to the county from which the annexed territory is taken shall be deemed to be repealed insofar as applicable to the annexed territory. The repeal shall not operate to affect or impair any right which any person may have acquired under any such laws. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-2 Rights of citizens

All residents in the territory annexed shall immediately become residents of the county to which the territory is annexed. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-3 Liability for indebtedness

The county to which part of the territory of another county is annexed shall be liable to pay such proportionate part of the indebtedness of the county from which the annexed territory is taken, as the value of the property assessed for the purpose of taxation in the annexed territory bears to the entire amount of property assessed for that purpose in the county, according to the assessments for the purpose of taxation made by the appropriate taxing officers of the several taxing districts of the county in the year preceding the annexation. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-4 Joint committee of the governing body members to ascertain indebtedness

On the third Monday after the annexation or consolidation takes effect, a committee consisting of three members of the governing body of the county from which the annexed territory is taken and three members of the governing body of the county to which the territory is annexed shall be appointed by said governing bodies in the manner otherwise provided by law for appointments thereof. The committee shall meet at the courthouse of the county from which the territory is taken, at 10:00 a. m. on the Monday following their appointment. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-5 Committee to ascertain and report amount of indebtedness paid by annexing county

At the meeting the committee shall proceed to ascertain a. the entire amount of the indebtedness of the county from which the annexed territory is taken; b. the amount of money in the treasury of the county applicable to the payment thereof; c. the amount of uncollected taxes and other claims due the county which are deemed to be collectible; d. such other information as shall be necessary to enable the committee to make a just and equitable division of the indebtedness and assets between the counties. The committee shall thereupon ascertain the amount of the indebtedness of the county from which the annexed territory is taken that should be paid by the county to which the territory is annexed, and how much of the taxes and claims due the county from which the territory is taken should be paid over to the county to which the territory is annexed, and when the payment should be made. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-6 Making and filing report; effect

The committee shall make a report within 60 days after the time fixed for their first meeting of their determinations in duplicate. One duplicate shall be filed in the office of the clerk of each county. The county to which the territory is annexed shall thereupon become liable for the payment of such portion of the debt and interest thereon, as shown by the report, when it becomes due or payable, and the county from which the territory is taken shall thereupon become liable to the county to which the territory is annexed, according to the determinations and provisions of the report. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-7 Decision of majority final; members present to act; adjournments

In ascertaining the necessary facts and in making the report, the decision of four members of the committee shall be final. If any member of the committee refuses or neglects to attend any meeting thereof, those assembled shall act, but it shall be lawful to adjourn any meeting from time to time not beyond one month in all as a majority of said committee or of those attending the meetings may decide. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-8 Failure to make report; application to Superior Court; commission appointed; report and compensation

If the report is not made and filed within the time fixed in N.J.S. 40A:7-6, the county to which the territory is annexed shall forthwith apply to the Superior Court assignment judge of that county for an order appointing three commissioners to take the place of and perform the work of the committee, who shall perform the work and make their report within 30 days from the date of their appointment, unless otherwise ordered by the judge. The report of the commissioners, or a majority of them, shall be made in duplicate and filed with the clerk of each of the counties, and shall have the same force and effect, and be as binding as if a report had been made and filed by the committee. The commissioners shall be paid for their services by the county applying for their appointment and by the county of which the territory formerly was a part. The judge shall, upon application of the commissioners, and after they have filed their report, fix the amount to be paid to each commissioner, and the part thereof to be paid by each county, and for which respective amounts said counties shall be liable. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-9 Continuation of officers

All county officers living in the territory annexed to another county shall continue in office until the expiration of their respective terms, and all constables resident within the annexed territory shall continue to hold their offices until the expiration of their terms. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-10 Collection of unpaid taxes

All taxes for county purposes levied or assessed and uncollected in the annexed territory prior to the time when the annexation shall take effect shall be collected by the officer thereafter charged with the duty of collecting taxes in the territory and paid over to the collector of the county from which the territory was taken, and shall be divided according to the report of the committee. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-11 Suits and other legal proceedings unaffected

All actions, appeals, prosecutions and other legal proceedings pending in a court or before any tribunal having jurisdiction within the county from which the annexed territory is taken shall not be affected by the annexation, but may be prosecuted in the county from which the territory is taken, in the same manner and before the same courts and tribunals and with like effect as if the annexation had not occurred, and judgments obtained or which may be obtained therein shall have the same effect. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-12 Annexation; petition and contents

Land in one municipality may be annexed to another municipality to which said land is contiguous. To effect such annexation, a petition in writing shall be presented to the governing body of the municipality to which such annexation is sought to be made, specifically setting forth the boundaries of such land, signed by at least 60% of the legal voters residing thereon. If the land is vacant, the petition may be signed by the person or persons owning at least 60% of said land as shown by the assessor's duplicate for the preceding year. The petition shall be duly verified by one of the signers, and shall have attached thereto the oath of an assessor of the municipality in which said land is located, or of some other person having access to the assessor's books, setting forth the assessed value of the real estate contained within the boundaries for the preceding year, and the amount of real estate assessed to any of the persons whose names are signed to such petition. The petition shall also have attached thereto a certified copy of a resolution adopted by two-thirds of the full membership of the governing body of the municipality in which said land is located, consenting to said annexation. Prior to action on a resolution to consent to or to deny the petition for annexation, the governing body of the municipality in which the land is located shall, within 14 days of the receipt of the petition, refer the petition to its planning board, which shall, within 45 days of its receipt, report to the governing body on the impact of the annexation upon the municipality. Action on a resolution to consent to or deny the annexation shall be taken within 30 days of receipt of the planning board's report. L.1979, c. 181, s. 2, eff. Aug. 29, 1979. Amended by L.1982, c. 182, s. 1, eff. Nov. 22, 1982.

N.J. Stat. § 40A:7-12.1 Refusal to annex; judicial review; burden of proof

In any judicial review of the refusal of the governing body of the municipality in which the land is located or the governing body of the municipality to which annexation is sought to consent to the annexation, the petitioners have the burden of establishing that the refusal to consent to the petition was arbitrary or unreasonable, that refusal to consent to the annexation is detrimental to the economic and social well-being of a majority of the residents of the affected land, and that the annexation will not cause a significant injury to the well-being of the municipality in which the land is located. L.1982, c. 182, s. 2, eff. Nov. 22, 1982.

N.J. Stat. § 40A:7-13 Ordinance of annexing municipality; wards; limitation on municipal boundaries

The governing body of the municipality to which land is sought to be annexed may, in its discretion, by ordinance adopted by a two-thirds vote annex the land specifically described in the petition to such municipality. If the municipality is divided into wards, the boundaries of the existing wards shall be adjusted as necessary to together encompass the annexed land, pursuant to the "Municipal Ward Law" (P.L.1981, c. 496; C. 40:44-9 et seq.). The boundaries of such municipality shall not be extended so as to include a portion of any county other than that in which such municipality is located. L.1979, c. 181, s. 2, eff. Aug. 29, 1979. Amended by L.1981, c. 496, s. 17, eff. Jan. 12, 1982.

N.J. Stat. § 40A:7-14 Law applicable; copy of ordinance filed

Upon the ordinance becoming effective, the land described in the petition shall become a part of the municipality to which it is annexed, and all laws affecting the municipality to which it is annexed, and the ordinances and regulations of said municipality, shall extend to and have the same effect within the territory so annexed as they shall have theretofore had within the original limits of the annexing municipality, but no vested rights shall be changed or abrogated by such annexation. Upon the annexation of any land the clerk of the municipality to which the land is annexed, shall immediately thereafter file in the office of the clerk of the county in which the land is situated, and in the office of the Secretary of State, a certified copy of the ordinance. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-15 Land plotted on municipal map

The governing body of the municipality to which the land is annexed shall forthwith cause the annexed land to be plotted upon the official map or maps of the municipality. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-16 Rights of residents after annexation

After annexation has become effective, all persons residing within the annexed territory shall become residents of the annexing municipality. They shall have the same rights and be entitled to the same privileges, and be subject to the same obligations as other residents of the annexing municipality. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-17 Indebtedness of annexed municipality apportioned

The municipality to which the territory shall be annexed, shall be liable to pay a proper proportion of the bonded and other indebtedness of the municipality of which the annexed territory formerly formed a part, which portion of such indebtedness shall be ascertained in the manner hereinafter provided. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-18 Joint committee to apportion property and indebtedness

On the Monday after the annexation becomes effective, a committee of three to be appointed by the governing body of the municipality to which the territory shall have been annexed, and a similar committee appointed by the governing body of the municipality of which the territory was formerly a part, shall meet at the municipal building of the municipality to which the territory shall have been annexed, at 10:00 a.m., or as soon thereafter as may be, proceed to state an account of all the property, real and personal, all debts, dues and demands, all judgments, recognizances and claims and all liens, actions and rights of action belonging to the municipality of which the annexed territory formerly formed a part, and to state the fair value thereof to such municipality. They shall also state an account of all the debts outstanding of such municipality, and the proper proportion or share to be borne and paid by the municipality to which the territory has been annexed, and the methods in and times at which payment thereof should be made. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-19 Payment of indebtedness

The credit of the municipality to which the territory has been annexed shall stand pledged for the final payment of the indebtedness so apportioned to it and it shall make the payments in the manner and at the times set forth in the report. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-20 Decision of majority final; members present to act; adjournments

In ascertaining the necessary facts and in making the report, the decision of four members of the committee shall be final. If any member of the committee refuses or neglects to attend any meeting thereof, those assembled shall act, but it shall be lawful to adjourn any meeting from time to time not beyond 1 month in all as a majority of the committee or those attending the meetings may decide. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-21 Joint committee report filed; compensation of committeemen

The committees shall make their report, in duplicate originals, signed by at least four committeemen, within 60 days after the time fixed for their first meeting, and shall file one with the clerk of each of the municipalities. The compensation of the committeemen shall be fixed by the governing body of the municipality appointing them, and paid in the same manner as other officers or employees of the municipality are paid. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-22 Failure to make report; application to Superior Court; commission appointed; report and compensation

If the report is not made and filed within the time fixed in N.J.S. 40A:7-21, the municipality to which the territory is annexed shall forthwith apply to the Superior Court assignment judge of the county in which the municipality is located, for an order appointing three commissioners to take the place of and perform the work of the committees, who shall perform the work and make their report within 30 days from the date of their appointment, unless otherwise ordered by the judge. The report of the commissioners, or a majority of them, shall be made in duplicate and filed with the clerk of each of the municipalities, and shall have the same force and effect, and be as binding as if a report had been made and filed by the committees. The commissioners shall be paid for their services by the municipality applying for their appointment and by the municipality of which the territory formerly was a part. The judge shall, upon application of the commissioners, and after they have filed their report, fix the amount to be paid to each commissioner, and the part thereof to be paid by each municipality, and for which respective amounts said municipalities shall be liable. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-23 Effect on constables

All constables, resident within the territory annexed, shall continue to hold their respective offices until the expiration of their respective terms. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-24 Annexation of adjacent municipally-owned unoccupied land

Whenever any municipality has acquired or shall acquire lands situated in another municipality for public use, consisting of one or more tracts which together comprise one plot of land bounded in part by the division line between such municipalities, and said lands are unoccupied, the land may be annexed to the municipality holding title thereto, if desired by the municipality and consented to by the municipalities in which the lands have their situs. The annexation shall be effected by the passage of an ordinance by the governing body of the municipality in which the lands are situated, upon the petition of the governing body of the municipality owning them. The provisions of N.J.S. 40A:7-14 to 40A:7-22 and of N.J.S. 40A:7-25 shall be observed in effecting the annexation of land under this section, and the annexation shall be subject thereto, insofar as such provisions are applicable. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-25 Actions pending unaffected; collection of unpaid taxes

Nothing contained in this subarticle shall affect any actions or suits which shall be pending at the time of any annexation of territory, and to which either of the municipalities shall be a party, and the collection of all taxes and assessments of or on all such annexed territory or any part thereof, which shall be unpaid at the time of such annexation, shall be effected in the manner prescribed by the laws, ordinances and regulations governing the municipalities of which the annexed territory was formerly a part. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-26 Procedure

When a public road or street lying wholly within a municipality adjoins the boundary line of another municipality, the public road or street to the middle thereof may be annexed to and become part of the adjoining municipality by consent of both municipalities. The governing bodies of each municipality may by ordinance provide that the portion of the public road or street to the middle thereof bordering on the adjoining municipality shall be annexed to and become part of the municipality it adjoins. Upon the passage of such ordinances by each municipality and upon the ordinances becoming effective, that part of the public road or street described in the ordinances shall be and become a part of the municipality to which it is annexed. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-27 Recording copy of proceedings

Upon the annexation of part of any public road or street as provided in N.J.S. 40A:7-26, the clerk of the municipality to which such land is annexed shall immediately thereafter file in the office of the clerk of the county in which such land is situated and also in the office of the Secretary of State a certified copy of said ordinances. L.1979, c. 181, s. 2, eff. Aug. 29, 1979.

N.J. Stat. § 40A:7-28 Statutes repealed

The following statutes, acts and sections, together with all amendments and supplements thereto, are hereby repealed: Revised Statutes sections: R.S. 40:18-23 to 40:18-32 inclusive; R.S. 40:43-26 to 40:43-39 inclusive. Pamphlet laws: P.L. 1939, c. 46 (C. 40:43-39.1 and C. 40:43-39.2). L.1979, c. 181, s. 2, eff. Aug. 29, 1979.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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