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Can a Municipality Donate Public Property

Can a municipality donate public property?

Municipalities are sometimes approached by private organizations for donations of old, unused, lost or abandoned property. The New Jersey Constitution prohibits the donation of public property to private organizations unless it is in furtherance of a public purpose. Otherwise, public property must be sold by a municipality by sealed bid or at public auction depending upon the method by which it was acquired. Authorization for such a sale is done by resolution adopted by the municipal governing body.



  • Ed Schmierer honored with the David McAlphin Humanitarian Award



  • Edwin W. Schmierer, Esq moderates Affordable Housing Panel

    On June 23, 2022, Mason, Griffin & Pierson, PC, Director, Edwin W. Schmierer, Esq., moderated a panel discussion presented by Affordable Housing Professionals of New Jersey (AHPNJ) concerning the status of affordable housing delivery for the Third Round and preparation for the Fourth Round which commences July 1, 2025. Mr. Schmierer is the President of AHPNJ. The panelists included a representative from the Fair Share Housing Center, former Executive Director of the New Jersey Housing and Mortgage Finance Agency, the Chief of Multifamily Program for NJHMFA and a professional planner who has served as a Special Court Master in 40 plus municipalities for the implementation of Third Round Affordable Housing Plans. Mr. Schmierer chairs the firm's Government Practice Group which represents over 30 municipal governing bodies, land use board and affordable housing committees throughout the State of New Jersey.