2009 New Jersey Code
TITLE 52 - STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
Section 52:18A
52:18A-78.12 - Relocation of public highways or roads;  entry on lands for surveys or examinations;  relocation or removal of public utility facilities

52:18A-78.12.  Relocation of public highways or roads;  entry on lands for surveys or examinations;  relocation or removal of public utility facilities
    a.  If the authority shall find it necessary in connection with the undertaking of any of its projects to change the location of any portion of any  public highway, or road, it may contract with any government agency, or public  or private corporation which may have jurisdiction over the public highway or  road to cause the public highway or road to be constructed at such location as  the authority shall deem most favorable.  The cost of the reconstruction and  any damage incurred in changing the location of the highway shall be  ascertained and paid by the authority as a part of the cost of the project.   Any public highway affected by the construction of any project may be vacated  or relocated by the authority in the manner now provided by law for the  vacation or relocation of public roads, and any damages awarded on account  thereof shall be paid by the authority as a part of the cost of the project.   In all undertakings authorized by the subsection, the authority shall consult  and obtain the approval of the Commissioner of Transportation.

    b.  In addition to the foregoing powers, the authority and its authorized agents and employees may enter upon any lands, waters and premises for the purpose of making surveys, soundings, drillings and examinations as it may deem  necessary or convenient for the purposes of this act, all in accordance with  due process of law, and this entry shall not be deemed a trespass nor shall an  entry for this purpose be deemed an entry under any condemnation proceedings  which may be then pending.  The authority shall make reimbursement for any  actual damages resulting to the lands, waters and premises as a result of these  activities.

    c.  The authority shall also 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 and other equipment and appliances, herein called  "public utility facilities" , or  any public utility as defined in R.S. 48:2-13, in, on, along, over or under any  project.  Whenever the authority shall determine that it is necessary that any  public utility facilities which now are, or hereafter may be, located in, on,  along, over or under any project shall be relocated in the project, or should  be removed from the project, the public utility owning or operating the  facilities shall relocate or remove the same in accordance with the order of  the authority.  The cost and expenses of the relocation or removal, including  the cost of installing the facilities in a new location, or new locations, and  the cost of any lands, or any rights or interests in lands, and any other  rights, acquired to accomplish the relocation or removal, shall be ascertained  and paid by the authority as a part of the cost of the project.  In case of any relocation or removal of facilities, as aforesaid, the public utility owning or  operating the same, its successors or assigns, may maintain and operate the  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 the facilities in their former location  or locations.  In all undertakings authorized by this subsection the authority  shall consult and obtain the approval of the Board of Public Utilities.

     L.1981, c. 120, s. 12, eff. April 16, 1981.