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New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 16-68

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a. An application under this act to a court or responsible administrative authority for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the jurisdiction in which the payee resides, in the jurisdiction in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.

b. Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 4 of this act, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice:

(1) a copy of the transferee's application;

(2) a copy of the transfer agreement;

(3) a copy of the disclosure statement required under section 3 of this act;

(4) a listing of each of the payee's dependents, together with each dependent's age;

(5) notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing;  and

(6) notification of the time and place of the hearing and notification of the manner in which, and the time by which, written responses to the application shall be filed, which shall be not less than 15 days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.

As used in this article, the following terms shall have the meaning ascribed to them, unless the context otherwise requires:

1. “Coastal area” shall mean (a) the state's coastal waters, and (b) the adjacent shorelands, including landlocked waters and subterranean waters, to the extent such coastal waters and adjacent lands are strongly influenced by each other including, but not limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs, inter-tidal estuaries and erosion prone areas.  The coastal area extends to the limit of the state's jurisdiction on the water side and inland only to encompass those shorelands, the uses of which have a direct and significant impact on the coastal waters.  The coastal area boundaries are as shown on the coastal area map on file in the office of the secretary of state as required in section nine hundred fourteen of this article.

2. “Coastal area boundaries” shall mean the boundaries prepared by the secretary of state pursuant to section forty-seven of chapter four hundred sixty-four of the laws of nineteen hundred seventy-five.  1

3. “Coastal waters” means lakes Erie and Ontario, the St. Lawrence and Niagara rivers, the Hudson river south of the federal dam at Troy, the East river, the Harlem river, the Kill von Kull and Arthur Kill, Long Island sound and the Atlantic ocean, and their connecting water bodies, bays, harbors, shallows and marshes.

4. “Inland waterways” shall mean (a) the state's major inland lakes consisting of lakes Baldwin, Ballston, Big Tupper, Black, Campfire, Canadarago, Canandaigua, Carmel, Cayuga, Champlain, Charles, Chateaugay, Chautauqua, Conesus, Cranberry, East Caroga, Echo (in the county of Westchester), George, Glencoma, Great Sacandaga, Honeoye, Indian, Kentwood, Keuka, Little Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the county of Putnam), Mirror, MacGregor, Mahopac, Neatahwanta, Nimham, Northville, Oneida, Onondaga, Ossi, Otisco, Otsego, Owasco, Palmer, Peach, Placid, Purdys, Putnam, Raquette, Ronkonkoma, Sacandaga, Saratoga, Schroon, Secor, Seneca, Shenorock, Skaneateles, Silver (in the county of Wyoming), Sagamore, Saranac, Seven Hills, Tibet, and Tonetta, Teakettle Spout, West Caroga and Wixon, Simon (in the county of Franklin) and the Fulton chain of lakes;  (b) the state's major rivers comprised of the Allegheny, Ausable, Battenkill, Black, Boquet, Bronx, Canisteo, Chaumont (including Chaumont bay), Chemung, Chenango, Cohocton, Delaware, Deer, Genesee, Grasse, Great Chazy, Hoosic, Hudson north of the federal dam at Troy, Indian, Little (in the Adirondack park), Little Ausable, Little Salmon (including north and south branches), Mad, Mettowee, Mohawk, Oswegatchie, Oswego, Pocantico, Racquette, Sacandaga, Salmon, Saranac, Saw Mill, Schroon, Susquehanna, Tenmile, Tioga, Tioughnioga, Wallkill and Buffalo rivers, and the north and middle branches of the Moose river;  (c) the state's major creeks comprised of the 18 Mile Creek located in Erie county, Chittenango Creek, Bash Bish and Kinderhook Creek located in Columbia county, Kinderhook Creek located in Rensselaer county, Basher Kill, Bushkill, Cattaraugus, Cayadutta, Cincinnati, East Kill, Esopus (including upper and lower branches), Fish (including east and west branches), Gooseberry, Great Valley, Kennyetto, Little Sandy, Onondaga, Peekskill Hollow, Roeliff Jansen Kill, Rondout, Sandy, Schoharie, Shawangunk Kill, South Sandy, Oatka, Tonawanda, West Kill, Scajaquada, Wappinger, Webatuck, Wassaic, Black Creek located in Monroe county, Black Creek located in Genesee and Wyoming counties, Ellicott Creek located in Erie county, Wynantskill, Claverack, Taghkanic, Agawamuck, Wyomanock, and Nanticoke, and Ley Creek and Butternut Creek located in Onondaga county;  (d) the Barge Canal System as defined in section two of the canal law;  and (e) the adjacent shorelands to the extent that such inland waters and adjacent lands are strongly influenced by each other including, but not limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs and erosion prone areas.

5. “State agency” means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of which is appointed by the governor.

6. “Comprehensive harbor management plan” shall mean a plan to address the problems of conflict, congestion and competition for space in the use of harbors, surface waters and underwater lands of the state within a city, town or village or abounding a city, town or village to a distance of fifteen hundred feet from shore.  A harbor management plan must consider regional needs and, where applicable, must consider the competing needs of commercial shipping and recreational boating, commercial and recreational fishing and shellfishing, aquaculture and waste management, mineral extraction, dredging, public access, recreation, habitat and other natural resource protection, water quality, open space, aesthetic values and common law riparian or littoral rights, and the public interest in such lands underwater.

7. “Water dependent use” means an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

Cite this article: - New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 16-68 - last updated February 19, 2021 |

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