New Jersey § acts:saved-32 - (38)

§ acts:saved-32. (38)

4. For the purpose of carrying into effect the provisions of this act and the act to

which this act is a supplement, such commission shall have power to acquire by condemnation,

or in any other lawful manner, lands, structures, rights of way, franchises, easements,

or other interests in lands lying within this state, including lands under water and

riparian rights of any person, railroad or other public or private corporations or

municipality. Such commission shall also have power to alter or change the grade of any highway

or public street when necessary for the purpose of carrying out the plans by it adopted. If it shall become necessary to change the location or gradient of any waterway,

canal, railroad or street railway, or the appurtenances thereof, the person or corporation

owning and operating the same shall be required to so relocate and change the same

so far as needful, and if possible to agree with said commission upon the details

thereof, the costs thereof to be paid by said commission as part of the expense of

said work. Whenever said commission shall be unable to acquire, as in this act provided, any

lands or interests therein except by condemnation, such commission shall cause to

be prepared and served upon the owner or owners and the person or persons in possession

thereof, a notice that said commission will proceed to acquire such property under

and by virtue of the provisions of an act entitled “An act to regulate the ascertainment

and payment of compensation for property condemned or taken for public use (Revision

of 1900).” Within sixty days after the service of such notice, said commission may enter upon

and take possession of the lands or interest therein, in said notice described, and

within thirty days thereafter shall institute proceedings for the acquisition of said

lands or interests by condemnation in accordance with the terms of such notice.