New Jersey Acts Saved from Repeal ACTS SAVED 12 § 3-37(8)

1. Whenever any public park or street has been or shall hereafter be laid out or provided for by any municipality, along, over, including or fronting upon any of the lands now or formerly under the tidewaters of this state, or whenever any streets or highways or public parks shall extend to said lands now or formerly under tidewater, the riparian commissioners of this state, upon application of such municipality, may grant to such municipality lands now or formerly under water within the limits of said public park or street and of the land in front of said streets or highways or public park. Such grant shall contain a provision that any land now or formerly under water so granted for park or street uses, shall be kept and maintained as a public park, street or place for public use, resort and recreation, and that no building or other structures shall be erected on such park, or on the lands now or formerly under water so granted inconsistent with its use as a public park, street or place of public use, resort or recreation. The said commissioners shall have the full power and authority to make such grant, notwithstanding the same may be for the entire bed or land now or formerly underneath the whole or any part of the waters of a branch, arm, slake, lesser channel or any subsidiary or auxiliary portion of any tidal water of this state, for reasonable compensation therefor; provided, however, that if such grant be made to such municipality for a portion or the whole of the bed or land under such branch, arm, slake, lesser channel, or subsidiary or auxiliary portion of any tidal water of this state, that the said commissioners shall impose such terms upon such municipality, if needed, with respect to providing for additional flowage in the main part of such stream, as in their judgment may best subserve and protect the interests of any other municipality, whose territorial limits border on the main stream, as well as any riparian owner or owners whose lands abut said main stream. If said municipality shall be unable or unwilling for any reason to pay the price fixed for such lands under water by the riparian commission, the said commission is authorized upon application by such municipality to grant to such municipality a revocable lease of or permit to use of said lands now or formerly under water for such park or street purposes, for a nominal consideration, until such time as the said riparian commissioners shall decide to make a grant in fee of said lands under water to such municipality or other grantees for such consideration as the riparian commission may determine to be adequate compensation for such land; provided, however, that such grant or permit or lease shall operate only as a conveyance of the rights of the state and shall not deprive any riparian owner of any rights to compensation which he may have.