New Jersey § 48:3-17

§ 48:3-17.

The power of condemnation shall not be used or enforced by any such public utility

unless the necessary land or other property or any interest therein as stated in this

chapter, cannot be acquired from the owner by reason of disagreement as to the price

or legal incapacity or absence of the owner, or inability to convey a valid title,

or because the names or addresses of the owner or owners may be unknown, or for any

other reason. Except where a governmental agency having jurisdiction has granted the utility the

permission to take or acquire property or any interests for the utility's purposes

the power of condemnation shall not be used or enforced by any public utility until

and unless such utility shall have applied to the Board of Public Utility Commissioners

upon the petition of such utility and the board, after due notice, including notice

to the owner or owners of the land or other property or interest therein to be condemned,

and to any other parties having an interest of record therein, if known and resident

of this State, and if unknown or not resident of this State, then by such publication

as the board shall prescribe, and public hearing, shall have found that the land or

other property or interest therein desired is reasonably necessary for the service,

accommodation, convenience or safety of the public, and that the taking of such land

or other property or interest therein is not incompatible with the public interest

and would not unduly injure the owners of private property. The board is hereby authorized and empowered to determine the necessity as aforesaid

for the use of the land or other property or interest therein so sought to be condemned

and to make and establish such reasonable rules and regulations governing the form

and method of such application and the time and manner of the notice of such public

hearing as it may deem proper, and the board shall have full power and authority to

enforce the provisions of this section.