New Jersey Legislative Update (March 2016)

Senate Bill 1126 proposes to create a "Land Use Court" made up of six to 12 judges who will have the power to hear and decide land use disputes throughout New Jersey. The bill statement likens the Land Use Court to the Tax Court. Appeals would be made to the Appellate Division.

Jurisdiction is sweeping and would extend to any land use decision of a state, county or municipal government, department or agency — including any land use approval that is required as a prerequisite for the issuance of a construction permit — and any dispute regarding the adoption or implementation of a county or municipal master plan or development regulation or the State Development and Redevelopment Plan. The bill provides the broad power to exercise jurisdiction in any action cognizable in the Superior Court, which raises issues where judicial expertise in matters involving land use is desirable. The bill expressly declares that the Land Use Court shall not have jurisdiction over Mount