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CITY OF JERSEY CITY v. TIDELANDS RESOURCE COUNCIL

95 N.J. 100 (1983)

469 A.2d 19

CITY OF JERSEY CITY, A MUNICIPAL CORPORATION; CITY OF ELIZABETH, A MUNICIPAL CORPORATION; BOARD OF EDUCATION OF THE CITY OF ELIZABETH; THE NEW JERSEY BUILDERS ASSOCIATION, A NEW JERSEY NON-PROFIT ASSOCIATION; NEW JERSEY ASSOCIATION OF REALTORS, A NEW JERSEY NON-PROFIT ASSOCIATION; AND NEW JERSEY LAND TITLE ASSOCIATION, A NEW JERSEY CORPORATION, APPELLANTS, v. TIDELANDS RESOURCE COUNCIL, IN THE DIVISION OF COASTAL RESOURCES, IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, AS THE TIDELAND AGENT OF THE STATE OF NEW JERSEY; ROBERT E. HUGHEY, COMMISSIONER OF ENVIRONMENTAL PROTECTION, AS THE APPROVING AUTHORITY DESIGNATED BY N.J.S.A. 13:1B-13; TRUSTEES FOR THE SUPPORT OF PUBLIC SCHOOLS, AS DESIGNATED BY N.J.S.A. 18A:56-1; AND THE STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 21, 1983.

Attorney(s) appearing for the Case

John R. Weigel argued the cause for appellants.

Deborah T. Poritz, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel; Deborah T. Poritz and William E. Andersen, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

The New Jersey Constitution was amended on November 3, 1981 by providing that the State must specifically define and assert its claims to land that had not been tidally flowed for a period of 40 years. N.J. Const. of 1947, art. VIII, § 5, para. 1 (the "Amendment"). The State was required to act within the 40-year period or be barred from asserting its claims...

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