The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-07-20
CHAPTER IXXXI

CHAPTER LXXXT.
An Act to provide for the condemnation
of lands under water, leased or con
veyed by the riparian commissioners,
when the same are required to be used
for public road bridge and draw.
l. Be it enacted by the Senate and Gen
eral Assembly of the State OF New Jersey,
That whenever the board of chosen free
holders in any state shall be authorized
by law to build and construct, or to cause
TO be built and constructed, a public road
bridge across any of the nayigable waters
in this state, and in the construction OF
the said bridge or any draw in said
bridge, and in the operation of the said
draw IL is necessary to take, use or occupy
lands under water which may have been
heretofore conveyed or leased by the
riparian commissioners of this state to
any person or persons, or in respect TO
which any person or persons may own
any right, privilege or franchise by virtue
of such grant or lease, it shall be lawful
for said board of chosen freeholders, in
case il cannot agree with the owner or
owners or other persons interested
in any such lands as to the
amount OF compensation to be paid
therefor to apply to any justice Of
the supreme court of this state, who. upon
such application and upon two weeks
previous notice, served personally, OF by
place of abode of such owner or owners,
or in case of absence from the state or
legal disability published in newspaper
published nearest the lands in question,
may appoint three disinterested commits
sioners resident of the county in which
said lands are situated to assess and as
certain the value of the lands SO proposed
10 be taken, used and occupied. and the
damages to be done to any lands by the
occupation and maintenance of such
works and by the operation of said draw,
which commissioners shall appoint time
and place at which they shall meet to ex-
ecute the duties of their appointment,
aud shall cause two weeks notice thereof
to be given to the parties interested there
in, either by personal service or by pubh-
cation in a newspaper published in the
county where such lands may lie,
at which time and place the said COM
missioners shall meet and view the prem
ises and hear ithe parties interested, and
take evidence, if any be offered, and for
that purpose shall have power to admin
lister oaths or affirmations; and the said
board shall make and exhibit to the said
commissioners, at their meeting aforesaid,
for the use of the parties interested
statement and description in writing, or
by drawings or maps, or both, OF the
lands by them sought to be taken as
aforesaid, and Of the use and occupation
upon any lands by them sought to be
made; and the said commissioners shall
thereupon ascertain and assess the value
and damages as aforesaid, and shall ex-.
ecute under their hands and seals, or the
hands and seals of majority of them, an
award to the said owner or owners of the
lands, rights, privileges and franchises so
sought by said board of chosen freehold
ers in the statement and description
aforesaid, stating therein the amount of
damages and compensation therefor by
them assessed in favor of such owner or
owners, which award shall be by them
Acknowledged and filed in the county
clerks office, and by him recorded in the
registry OF deeds
2 And be it enacted That before taking
possession of any such lands or entering
thereon for the purpose of the use or oc-
cupation thereof. said board shall pay or
tender to such owner or owners, or III case
of absence from the state or legal disabil-
ity, shall deposit with the clerk of the cir
cult court of said county the amount of
damages so awarded, and the award of
said commissioners and the payment or
tender or deposit as aforesaid OF such
damages shall vest in said board of
CHOSEN freeholders the lands, rights,
privileges and franchises by them sought,
described and set forth in said statement
as if the same had been conveyed to the
said board by the said owner or owners
under their hands and seals.
g. And be it enacted, That if either
party feel aggrieved by said assessment
and award, such party may appeal to the
next or second term of the circuit court
of said county, by petition and notice
thereof served upon the opposite party
two weeks prior to such term, or pub
lished like space in "a newspaper pub
lished nearest the lands in question, which
petition and notice 50 served or published
and determine said appeal, and, If re-
quired, they shall award yenire for
jury to come before them, VINO shall hear
and finally determine she issue under the
direction of the court, as in other trials
by july: and 1t shall be the duty Of the
SAID jury to assess the damages to the said
] ands as above mentioned. and the value
of such as shall be absolutely taken; and
said court shall have power to order a
struck jury, or a jury OF view, or both, to
try any such appeal; and the right of said
board to appeal from and dispute the cor
rectness OF any award shall not be waived
or taken away by the paying or rendering
the amount of the award and taxing pos
session of the land or exercising the rights
covered by such award; and the right
Of any owner of any such lands or rights in
like manner to appeal shall not be waived
or lost by the acceptance of the amount
SO awarded, when rendered, and upon the
final determination of any such appeal
the said court shall render such jndg-
ment in favor of the one party and against
the other as the right and justice OF the
case shall require, and shall award to the
party substantially succeeding and pre-
valling in said appeal, his, her or their
costs OF said appeal against the opposite
party, and shall have power to enforce
the judgment so rendered bylexeeution,
as other judgments are enforced, and
also by summary proceedings and attach
ments for on-payment thereof.
A. And be it enacted. That this act shall
take effect Immediately.
Approved March ~. 1890.