New Jersey § acts:saved-13 - (1)

§ acts:saved-13. (1)

1. Wherever the right of way of any railroad company owning or operating a railroad

within this state shall adjoin the lands of the Morris Canal and Banking Company,

the board of directors of the Morris Canal and Banking Company are hereby vested with

the right, power and authority to sell and convey to such railroad company such portion

of the lands of the Morris Canal and Banking Company adjoining the present right of

way of such railroad company as shall, in the judgment of said board of directors,

be reasonably necessary to permit and enable said railroad company to construct, maintain

and operate as part of its present railroad, one or more additional main tracks, upon

such terms and for such consideration as shall, in the judgment of said board of directors,

be deemed reasonable and proper; provided, however, that where such additional track

or tracks or the roadbed supporting the same are to be laid or constructed upon lands

now occupied by the canal bed, the berme bank or the towpath of the Morris canal,

such lands shall not be conveyed nor the construction of such tracks and roadbed authorized

or permitted thereon, unless and until the said railroad company shall, by good and

sufficient deed, convey to the Morris Canal and Banking Company sufficient lands to

permit of any change in the location of said canal bed, berme bank and towpath made

necessary by reason of the construction, maintenance and operation of said additional

railroad track or tracks, and further, that such railroad company shall, at its own

cost and expense, make any and all such necessary changes in the location of said

canal bed, berme bank and towpath, to the end that the use of said canal for navigation

purposes shall not be impaired, and do and perform all work in connection therewith,

to the satisfaction of said board of directors.