New Jersey § 13:17-35

§ 13:17-35.

(a) In addition to the other powers conferred upon it by this act or by any other

law and not in limitation thereof, the commission, in connection with construction

or operation of any project, 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 (in this section called “works”) of any public utility as defined in

section 48:2-13 of the Revised Statutes, in, on, along, over or under any project,

public highway or real property, including public lands or water. Whenever in connection with construction or operation of any project, the commission

shall determine that it is necessary that any such works, which now or hereafter may

be located in, on, along, over or under any project, public highway or such real property,

should be relocated in the project, public highway or such real property or should

be removed therefrom, the public utility owning or operating such works shall relocate

or remove the same in accordance with the order of the commission, provided, however,

that the cost and expense of such relocation or removal including the cost of installing

such works 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 interest in lands or any other

rights of the public utility paid to the public utility in connection with the relocation

or removal of such works, shall be paid by the commission and shall be included in

the cost of such project. In case of any such relocation or removal of works as aforesaid, the public utility

owning or operating the same, its successors or assigns, may maintain and operate

such works, 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 works in their former location. (b) In the case of any such relocation or removal of works, as aforesaid, the commission

shall own and maintain, repair and renew structures within the rights-of-way of railroad

companies carrying any project of feeder road over railroads, and the commission shall

bear the cost of maintenance, repair and renewal of structures within the rights-of-way

of railroad companies carrying railroads over any project or feeder road but this

provision shall not relieve any railroad company from responsibility for damage caused

to any commission or railroad structure by the operation of its railroad. Such approaches, curbing, sidewalk paving, guard rails on approaches and surface

paving on projects or feeder roads as shall be within the rights-of-way of a railroad

company or companies shall be owned and maintained, repaired and renewed by the commission;

rails, pipes and lines shall be owned and maintained, repaired and renewed by the

railroad company or companies.