40:60-32 - Vacation of lands dedicated to public use other than a public street; referendum - New Jersey Statutes

40:60-32.  Vacation of lands dedicated to public use other than a public street;  referendum    Whenever within any municipality any lands dedicated or devoted, wholly or partially, to public use other than a public street, highway, lane, alley, square or place shall be considered by the governing body of such municipality to be unsuited to or undesirable for such public use, or otherwise useless, burdensome or disadvantageous to the public, the governing body may by ordinance and on such terms as it shall prescribe, with the consent of the owner of the fee, vacate or extinguish the public rights in and to those lands and restore the same to the owner of the fee thereof, freed and discharged from  all such public rights therein.  The ordinance shall not become operative until  approved by a majority of the legal voters of the municipality voting on the  proposition at a general election.  If such municipality shall be the owner of  the fee at the time of the final adoption of the ordinance, such ordinance  shall become operative without referendum.

     Amended by L.1944, c. 199, p. 716, s. 1;  Laws 1949, c. 268, p. 837, s. 1, eff. May 28, 1949.