App.A:9-51. Extraordinary emergencies; powers; compensation boards; proceedings for compensation
a. Whenever, in his opinion, the control of any disaster is beyond the capabilities of local authorities, the Governor is authorized:
(1) To assume control of all emergency management operations.
(2) To proclaim an emergency if he deems the same necessary.
(3) Temporarily to employ, take or use the personal services, or real or personal property, of any citizen or resident of this State, or of any firm, partnership or unincorporated association doing business or domiciled in this State, or of any corporation incorporated in or doing business in this State, or the real property of a nonresident located in this State, for the purpose of securing the defense of the State or of protecting or promoting the public health, safety or welfare; provided, that such personal services or property shall not be employed or used beyond the borders of this State unless otherwise authorized by law.
b. Compensation for any personal services required of any natural person under the provisions of subsection a. of this section shall be paid at the prevailing established rate for services of a like or similar nature.
c. There is hereby established an emergency compensation board in and for each county of the State, to be composed of three persons appointed by the Governor who shall serve at the will and pleasure of the Governor and without compensation. Wherever the volume of work makes it necessary, the Governor may appoint one or more additional emergency compensation boards in any county of this State. The emergency compensation board shall award reasonable compensation to the party entitled thereto for any property employed, taken or used under the provisions of this subsection and for any injury caused by such employment, taking or using. Any party who deems himself entitled to such compensation as is provided for in this section may file a petition for an award with the board, naming the State as defendant. Such petition shall be filed with an emergency compensation board in the county in which the property was located at the time it was employed, taken or used. A copy of said petition shall be served on the Attorney General. The board shall thereupon after reasonable and proper notice to the petitioner and the Attorney General, grant a hearing upon such petition and render a decision fixing the amount of the award. This award shall be paid within one year after the decision is rendered from any funds appropriated by the State for such purpose.
d. Any party who deems himself aggrieved by the decision of an emergency compensation board of any county shall have the right to bring an action for such compensation against the State as defendant in the Superior Court, according to the practice and procedure covering condemnation proceedings in such court. Either the State or the petitioner shall have a right to trial by jury in such court.
e. When, in the opinion of the Governor, the period of emergency under which action has been taken by him as provided under subsection a. of this section has passed, he shall issue a proclamation declaring its end and suspending the powers granted to him under subsection a. of this section and no petition for an award as provided for in subsection c. shall be filed after one year from the date of the Governor's proclamation declaring the end of the emergency; provided, that any member of the Armed Forces of the United States whose property was employed, taken or used as provided in said subsection a. of this section may file such petition within two years after the Governor's proclamation.
L.1942, c.241, s.19; amended 1953,c.438,s.24; 1989,c.222,s.15.
Structure New Jersey Revised Statutes
Appendix A - Emergency and Temporary Acts
App.A:3-2 Grants or loans; application and acceptance
App.A:3-3 Authorization by resolution; referendum
App.A:3-4 Bond issue; form of statement; publication of resolution
App.A:3-5 Financing projects; municipal bonds authorized; special assessments as liens.
App.A:3-6 Sale of bonds to federal government
App.A:3-7 Municipality may contract with federal government
App.A:3-8 Sale of securities to federal government
App.A:3-9 Form, terms and conditions of bonds, notes or other instruments
App.A:3-10 Other legislation not affected
App.A:3-11 Pending proceedings under other law; continuance
App.A:3-12 Intent and construction of act; partial invalidity
App.A:3-14 Paying off refunding bonds; specific appropriations
App.A:3-15 Approval of budget or tax ordinance by state auditor; expenses of audit
App.A:3-16 Trust fund to meet payments
App.A:3-17 Effect of act as contract; enforcement
App.A:3-18 Powers, duties and obligations cumulative; tax rate
App.A:3-20 Application for federal grant for new armories, additions and alterations authorized
App.A:3-21 Existing sites may be used; expenditures authorized
App.A:3-23 Amount of federal grant for which quartermaster general may apply, increased
App.A:3-24 Existing sites may be used; expenditures authorized
App.A:3-26 Appropriation for engineering, architectural and supervision services; limitation
App.A:3-28 State appropriations or balances for armory purposes may be combined and treated as unit
App.A:3-30 Applications for funds
App.A:3-31 Contracts by State Highway Commissioner with federal government
App.A:3-35 Appointments or assignments to employment from relief rolls; exception
App.A:3-36 Award of contracts after advertising; statements in advertisement
App.A:3-37 Application of supplementary act
App.A:3-38 Use of allotted funds as sponsor's share of any project undertaken
App.A:3-39 Waiver of statutory provisions for matching funds
App.A:4-9 Payment in lieu of taxes; default
App.A:4-10 Local approval of reclamation project
App.A:4-12.1 Taxation of state park lands; L.1933, c. 438, p. 1228, repealed
App.A:4-12.2 Refund to municipalities
App.A:4-19 Power to issue bonds; purposes
App.A:4-20 Name of bonds; ordinance; procedure; details
App.A:4-21 Maturity; maximum amount; debt statement or limitation
App.A:4-22 Provisions of ordinance
App.A:4-23 Sale price; exchange or sale of bonds
App.A:4-24 Irregularities not to affect bonds; pledge of municipality's credit
App.A:4-26 Estimating cash receipts; surplus revenues; anticipations, etc.
App.A:4-30 Constitutional severability of provisions
App.A:4-31.1 Bonds to refer to original act; definitions
App.A:4-31.3 Proceeds of sale of notes deemed cash receipts
App.A:4-31.4 Issue of special tax notes authorized; requisites and effect
App.A:4-31.5 Budget provision for payment of outstanding notes
App.A:4-31.7 Construction of act as affecting contracts
App.A:4-31.8 State not obligated
App.A:4-31.9 Partial invalidity of act not to affect remainder
App.A:4-31.11 Postponement of payment of moneys due school district from municipality; budget
App.A:4-32 Refunding bonds; power to issue
App.A:4-35 Details of issue and sale; selling price; ordinance
App.A:4-37 Security for payment; resolution requiring separate appropriations; taxes; trust fund
App.A:4-38 Bonds may be refunded notwithstanding budget provisions or previous appropriation
App.A:4-40 Constitutional severability
App.A:4-42 Annual assessment installments defined
App.A:4-47 Payment of taxes in scrip
App.A:4-48 State apportionment paid in scrip to school districts; exception
App.A:4-49 County relieved of ninety per cent of obligation
App.A:4-50 County school boards paid in scrip
App.A:4-51 Obligation to issue or accept scrip
App.A:4-52.1 Waiver of interest on State school taxes paid in scrip
App.A:4-53 Maturity of certain school bonds
App.A:4-55 School refunding bonds; form and details
App.A:4-56 Exchange of bonds; report
App.A:4-57 Certification by funding commission; validity of bonds
App.A:4-58 Approval of readjustment plan
App.A:4-59 Construction; constitutional severability
App.A:4-63 Refunding bonds; resolution on or before Dec. 31, 1947; interest; payment; taxes
App.A:4-64 Issuance, recitals, date, maturity, etc., of bonds
App.A:4-65 Consent of Local Government Board
App.A:4-68 Reserve or sinking funds
App.A:4-69 Certification, indorsement or consent of Local Government Board
App.A:6-5 Drought surcharge fund; deposit of excess water charges
App.A:6-6 Appropriation of moneys; purposes
App.A:6-7 Monthly report of status and expenditures
App.A:7-1 Commissioner may regulate insurance companies
App.A:9-19.1 Removal of member of local defense council
App.A:9-30 Assistance to government of United States; organization and employment of resources
App.A:9-31 Duty of public officials to furnish information and assistance
App.A:9-33 Purpose of civilian defense act and disaster control act
App.A:9-34 Emergency powers of Governor
App.A:9-36 Information may be required
App.A:9-37 Civilian defense director; subordinate offices
App.A:9-37.1 Duties of civilian defense director
App.A:9-38 Deputies or assistants
App.A:9-40 Co-operation by public officials; rules and regulations
App.A:9-40.1 Municipal emergency management coordinator.
App.A:9-40.2 Removal of municipal emergency management coordinator
App.A:9-40.3 Deputy municipal disaster control director
App.A:9-40.4 Duties of municipal emergency management coordinator
App.A:9-40.6 Aid in time of disaster or emergency
App.A:9-41 Local emergency management councils
App.A:9-42.1 County emergency management coordinator; appointment; term of office
App.A:9-42.1a Coordinator appointed prior to Jan. 21, 1986, exception; term
App.A:9-421b Filling of deputy emergency management coordinator position.
App.A:9-42.2 Duties of county emergency management coordinator
App.A:9-43 Other local agencies or instrumentalities
App.A:9:43-1 State Emergency Operations Plan.
App.A:9-43.2 County, municipal written emergency operations plans; coordination.
App.A:9-43.3 Guidelines for Emergency Operations Plans.
App.A:9-43.4 Approval by State Office of Emergency Management.
App.A:9-43.5 Grants to municipalities, counties for development of Emergency Operations Plans
App.A:9-43.6 Technical assistance, planning grants to municipalities
App.A:9-43.7 Emergency plans, electronic submission by certain entities permitted.
App.A:9-43.8 Definitions relative to coastal evacuation.
App.A:9-43.9 Annual public awareness program.
App.A:9-43.10 Appointment of commission.
App.A:9-43.11 Duties of director.
App.A:9-43.12 Identification of critical infrastructures.
App.A:9-43.13 Central registry for residents with special needs.
App.A:9-43.14 Implementation of lane reversal strategy.
App.A:9-43.15 Definitions relative to emergency evacuation.
App.A:9-43.16 Findings, declarations relative to emergency preparedness.
App.A:9:43.17 Definitions; county storm preparedness funding program.
App.A:9-43.18 Definitions relative to Code Blue alert plans.
App.A:9-43.19 Plan for issuance of Code Blue alert.
App.A:9-43.20 Declaration of Code Blue alert.
App.A:9-43.21 Review of weather forecasts.
App.A:9-44 Private civilian defense agencies to be approved
App.A:9-45 Orders, rules, and regulations; black-outs, air raids, etc.; posting
App.A:9-45.1 Officers to perform duties in accordance with rules and regulations
App.A:9-46 Reciprocal orders, rules, and regulations
App.A:9-47 Suspension of motor vehicle or other regulations
App.A:9-48 Emergency commander
App.A:9-49 Violations as disorderly conduct; penalty; prosecution
App.A:9-49.1 Towing, transportation of boats prohibited during emergency evacuations.
App.A:9-50 Aiding or abetting violation
App.A:9-51 Extraordinary emergencies; powers; compensation boards; proceedings for compensation
App.A:9-51.2 Prohibition by ordinance of construction or repair of buildings during emergency
App.A:9-51.3 Contents of ordinance; exceptions
App.A:9-51.4 Duration of ordinance
App.A:9-51.6 Agreements with state or federal government; provisions
App.A:9-51.7 Compensation for taking of property
App.A:9-51.8 Satisfaction of financial obligations; guarantee of bonds by county
App.A:9-51.9 Payment of claims out of Special Beach Erosion Fund
App.A:9-52 Liability for injury to persons or property.
App.A:9-54 Term of person appointed by or with approval of Governor
App.A:9-57.2 Benefits to civil defense volunteers
App.A:9-57.3 Schedule of benefits
App.A:9-57.4 Benefits unpaid at time of death
App.A:9-57.5 Minors deemed sui juris; labor law
App.A:9-57.6 Benefits not assignable; exemption
App.A:9-57.7 Persons entitled to benefits
App.A:9-57.8 Workmen's compensation benefits preclude benefits hereunder
App.A:9-57.10 Submission of notice of claim; contents
App.A:9-57.11 Physical examination of claimants
App.A:9-57.12 Refusal of claimant to accept proffered medical and surgical treatment
App.A:9-57.13 Proof of claim; forms
App.A:9-57.15 Special fund for civil defense volunteers
App.A:9-57.16 Insurance or reinsurance
App.A:9-57.17 Special fund the sole source for payment of benefits
App.A:9-57.19 Expense of administering act
App.A:9-57.20 Reduction of benefits where United States furnishes benefits
App.A:9-57.23 False statements or representations
App.A:9-57.24 Partial invalidity
App.A:9-57.25 Civil defense forces of other states; powers, duties and privileges
App.A:9-58 "Director of Civil Defense" defined
App.A:9-59 Mutual aid agreements with other states
App.A:9-60 Mutual aid agreements between political subdivisions
App.A:9-61 Powers and duties of members of civil defense forces
App.A:9-62 Acceptance of services, equipment, supplies, or funds from Federal government
App.A:9-65 Findings, declarations relative to domestic security preparedness.
App.A:9-66 Definitions relative to domestic security preparedness.
App.A:9-67 Domestic Security Preparedness Task Force.
App.A:9-68 Duties of task force.
App.A:9-69 Adoption of standards, guidelines, protocols.
App.A:9-70 Infrastructure Advisory Committee.
App.A:9-71 Domestic Security Preparedness Planning Group.
App.A:9-72 Duties of planning group.
App.A:9-73 Noncompliance, action for relief.
App.A:9-74 Records not deemed public; OPMA not applicable.
App.A:9-75 Program of laboratory services for detection, analysis of chemical, biological agents.
App.A:9-76 Annual report by task force to Legislature.
App.A:9-77 Effective date, continuance of task force.
App.A:9-81 Determination of titles, positions designated as critical positions.
App.A:9-82 Applicants to submit to fingerprinting, background checks.
App.A:9-84 Development of system to certify applicants, issuance of credentials; fees.
App.A:9-85 Rules, regulations.
App.A:9-86 Development, dissemination of building security drill guide, training materials.
App.A:9-87 Findings, declarations.
App.A:10-1 Authority to accept, etc.; war and defense activities
App.A:10-2 Supplemental nature of powers conferred; competition with public utilities
App.A:10-5 Authority conferred to continue only during present war
App.A:10-9 Forms; rules and regulations
App.A:10-10 Effective date of act
App.A:11-2 Legislative findings
App.A:11-3 Expenditures to restructure and expand division of economic development
App.A:11-4 Agreements for training of workers
App.A:11-5 Authorization to pay training costs and allowances; acceptance of grants.