New Jersey § acts:saved-48 - (1)

§ acts:saved-48. (1)

1. All proceedings heretofore had or taken by the several municipalities of this state,

purporting to authorize the construction, reconstruction or extension of subways or

pole-lines, to be used by electric light, heat and power companies for the purposes

of their business and under which subways and pole-lines have been constructed, and

all contracts entered into by the several municipalities with electric light, heat

and power companies, in the carrying out of which subways or pole-lines have been

erected by such companies, shall be taken to be legal and binding, and to have authorized

the construction of such subways and the erection of such pole-lines and to authorize

their maintenance for public and commercial use; and the electric light, heat and

power companies which shall have so constructed subways or pole-lines, and placed

therein or thereon cables or wires for the purpose of furnishing electric light, heat

or power in the streets of any municipality, shall be deemed to have and possess in

such streets all legal authority necessary to be secured from such municipality in

order in such streets to lawfully construct, reconstruct and maintain such subways

and pole-lines, cables and wires with proper appliances for the supplying of light,

heat and power for public or commercial use; provided, that nothing in this act shall

be construed to apply to or validate any ordinance, resolution, contract or other

proceeding now involved in any litigation; and provided further, that nothing herein

contained shall be construed to limit the right of any municipality, pursuant to the

terms of its charter, or of any laws now existing or hereafter to be enacted, to cause

such cables and wires to be placed underground and thereafter the poles whereon the

same are suspended to be removed.