New Jersey § 48:12-23

§ 48:12-23.

Whenever any railroad owns in fee real estate susceptible of other than railroad uses

without abandonment of such railroad uses, or real estate, different levels or parts

of different levels of which may be devoted to such other uses without unreasonable

impairment of the use of the remainder for railroad purposes, or whenever the part

of said real estate so owned in fee above or under the part thereof needed in such

company's railroad operations, with reasonable use of the surface and subsurface of

said real estate for foundation and other incidental uses, may be utilized or developed

for building or other structures to be used in other than railroad business, such

railroad may improve, utilize and develop the part of such real estate so susceptible

of such other use or uses or the parts which may be so separated for other uses, so

as to obtain the benefit thereof and may subdivide the separate level or levels susceptible

of such other uses into lots and blocks, construct elevated streets, walks and other

appurtenances and facilities proper to such development; and may sell, convey, and

transfer to purchasers any separate part or parts, singularly or combined, of such

real estate, at, above or below the natural surface of the ground, susceptible of

such other uses, or may lease to others such part or parts thereof as said company

may at any time elect; provided, the Board of Public Utility Commissioners finds

that the use of such part of said real estate so susceptible of such other uses will

not unreasonably impair the use of the remainder of such real estate for railroad

purposes.