State Codes and Statutes

Statutes > New-jersey > Title-27 > Section-27-16 > 27-16-28

27:16-28.  Vacation or discontinuance of county road
    Any road or portion thereof owned by any county or under the control of any  county governing body may be (a) discontinued as a county road and returned to  the jurisdiction and control of the municipality wherein the same is situated;   or (b) vacated and abandoned as a public highway, in manner following:

    a.  Any road or portion thereof owned by any county or under the control of  any county governing body may be discontinued as a county road by an ordinance  or resolution, as appropriate, passed by the affirmative vote of a majority of  all of the members of the governing body, which ordinance or resolution shall  describe the road or portion thereof so sought to be discontinued as a county  road sufficiently to clearly identify the same, and shall declare that the road  or portion of road therein described shall be discontinued as a county road,  and that the county shall and does relinquish all jurisdiction over and  responsibility for the construction, reconstruction, repair and maintenance  thereof.  The clerk of the board of chosen freeholders, upon the passage of  such an ordinance or resolution shall prepare a certified copy thereof, and  shall cause such certified copy to be served upon the municipal clerk of each  municipality in which the road or portion thereof sought to be discontinued as  a county road shall lie.  Such certified copy shall be served within 10 days  from the date of passage.  The municipality may adopt an ordinance stating its  acceptance of jurisdiction for the road or portion of the road.  At the  expiration of the period of 10 days from the final adoption of the municipal  ordinance the road or portion of road therein described shall cease to be a  county road, and from thenceforward jurisdiction over the road or portion of  road shall vest in and the responsibility for the construction, reconstruction,  repair and maintenance of the road, or portion of road, shall devolve upon the governing body, as the case may be, of the municipality wherein the road or portion of road shall lie.  The clerk of the board shall forthwith file a certified copy of the county ordinance or resolution in the office of the county clerk and the latter shall record and index the same in the road records  of his office.

    b.  Any road or portion thereof owned by any county or under the control of  any county governing body may be vacated and abandoned as a public highway by  any county governing body, in the manner following:  The governing body of any  county, by the affirmative vote of the majority of all the members thereof, may  pass an ordinance or resolution, as appropriate, describing the road or portion  thereof, intended to be vacated and abandoned, sufficiently to clearly identify  and locate the same, and declaring it to be the intention of the county to  vacate and abandon the road or portion thereof as a public highway, and fixing  the time and place not less than three weeks nor more than six weeks  thereafter, when and where the board shall meet for final consideration and  action upon the ordinance or resolution, and when and where all persons  interested therein may appear and be given an opportunity to be heard.  Within  three days of passage, the clerk of the board of freeholders shall cause said  ordinance or resolution to be advertised verbatim in a newspaper published and circulating within the limits of the county, which publication shall be inserted once in each week for three weeks consecutively before the day of the  meeting.  And if, after the public hearing held at the time and place specified  in the ordinance or resolution, the county governing body, by a vote of the  majority of all of the members thereof, shall again adopt such ordinance or  resolution, the road or portion thereof shall from thenceforth be deemed to be  vacated and abandoned, and shall cease to be a public road or highway, and  title to the land which theretofore was lying within the area of the side lines  or legal right of way of the road, shall revert to and vest in the respective  owners of the legal title thereto, free and clear of any easement or right of  way thereover or thereupon in favor of the public.  The clerk of the board  shall forthwith file a certified copy of the ordinance or resolution in the  office of the county clerk and the latter shall record and index the same in  the road records of his office.

     Amended by L.1984, c. 195, s. 1, eff. Nov. 27, 1984.