State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-14b > 40-14b-40

40:14B-40.  Additional powers
    In addition to other powers conferred by this act or by any other law, and not in limitation thereof, every municipal authority, in connection with construction or operation of any part of a utility system, shall have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or any other equipment and appliances (herein called  "facilities" ) of any public utility, as defined in section 48:2-13 of the Revised Statutes, in, on, along, over or under any real property, including  public lands, waters, parks, roads, streets, highways, playgrounds and  reservations.  Whenever in connection with construction or operation of any  part of a utility system, any municipal authority shall determine that it is  necessary that any such facilities, which now are, or hereafter may be, located  in, on, along, over or under any such real property, including public lands,  waters, parks, roads, streets, highways, playgrounds and reservations, should  be relocated in such real property, including public lands, waters, parks,  roads, streets, highways, playgrounds and reservations, or should be removed  therefrom, the public utility owning or operating such facilities shall  relocate or remove the same in accordance with the order of the municipal  authority, provided, however, that the cost and expenses of such relocation or  removal, including the cost of installing such facilities in a new location, or  new locations, and the cost of any lands or any rights or interest in lands, or any other rights acquired to accomplish such relocation or removal, less the cost of any lands or any rights or interests in lands or any other rights of the public utility paid to the public utility in connection with the relocation  or removal of such property, shall be paid by the municipal authority and may  be included in the cost of such utility system.  In case of any such relocation  or removal of facilities, as aforesaid, the public utility owning or operating  the same, its successors or assigns, may maintain and operate such facilities,  with the necessary appurtenances, in the new location or new locations for as  long a period, and upon the same terms and conditions, as it had the right to  maintain and operate such facilities in their former location.

     L.1957, c. 183, p. 665, s. 40, eff. Aug. 22, 1957.