The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-06


An Act in relation to the laying out opening widen
ing and extending streets and highways IN certain
towns and townships.
1. BE it enacted by the Senate and General As
sembly of the State of New Jersey, That where
power and authority to provide by ordinance or
otherwise for laying out, opening, widening aud
tending streets and highways has been heretofore
conferred by charter other special act of the leg
isature upon the town committee or council of any
town or township and cannot be exercised because
no legal sufficient method Of procedure therefor
has been provided, streets and highways may be
laid out, opened, widened or extended IN any such
town OF township in the manner hereinafter provid-
ed, and the proceedings tor laying out, opening,
widening or extending any street or highway there
in shall be as follows: an application in writing
signed by one or more owners Of land which fronts
is bounded by the line of the street or high
way section thereof proposed TO be laid out OPEN
ed, widened extended, shall be presented 10 the
town committee or council at a stated meeting
thereof which application shall describe the location
and courses OF the street or highway section there
of proposed to be laid out, opened widened or ex-
tended provided, however, that where in any such
town township there shall be an official map show
ing the location and boundaries of all streets and
avenues opened and to be laid out and opened there
in, description according 10 such map shall be suf
icent receiving any such application the town
committee council shall consider the same, and
If they approve it, shall direct the town clerk to pub
lish such application together with notice specifying
the time and place when and where the town COM
mittee viii meet to receive and consider objections
in writing to the same in at least one newspaper
published in the county and circulating in such
town or township for the period OF two weeks
successfully at least once in each week next pre-
oeding the time designated for receiving objections,
and to post printed copies of such application and
notice in five public places IN such town or town
ship least ten days before the time designated for
receiving objections, and the said town clerk shall
file in his office afidavits showing how such appli
cation and notices have been published and posted
the owner or owners Of any lands fronting the
lines of the street avenue section thereof pro-
posed to be laid out, opened, widened or extended
shall have the right to present objections in writing
thereto at the time and place specified in such
notice; at the said time and place the town com
mittee council shall meet and shall hear all
persons who may desire to be head such matter,
i and shall receive and consider all objections in
writing thereto that may be presented; If it appear
that the owners Of a majority Of the lanes fronting
on the lines of the street or highway proposed TO be
| opened, laid out, widened or extended, have OBJ
jected thereto, then further proceedings shall he
/ had or taken under such application and the same
shall be dismissed, but ii II appear that the owners
ola majority Of such lands have not objected thereto
| then the town committee or council may by the
votes of majority of the members thereof adopt an
| ordinance TO lay out. open, widen or extend the
street or highway section thereof designated in
| such application.
! 2. And be it enacted, That at any time after the
| adoption of such ordinance the town committee or
council may appoint three dislnterested freehOlders,
residents Of such town or township, commission
ers to ascertain, determine and make the awards for
| lands and improvements required to be taken and
for damages sustained, and the assessment for bene-
| fits hereinafter provided for said commissioners
| before entering the discharge of their duties
shall make aud file with the town clerk an oath or
|
| interested in the matter committed TO them, and
| that they will faithfully and impartially perform
the duties of their Offices said commissioners shall
publish notice In one or more newspapers publish
ed in the county, for at least two weeks success
| ivey at least once in each week. specifying the
| time and place when and where the first meeting
| of the commissioners will be held the town COM
mittee or council shall appoint competent surveyor
| to assist said commissioners.
3. And be IL enacted, That the said commissioners
shall ascertain as far as practicable the names and
estates of all the owners Of lands and improvements
required to be taken they shall view aud ex-
| anime the lands and improvements required to
| be taken and shall make just and equitable
| appraisement OF the compensation and damages
each owner will sustain by reason of such taking,
and where the estates in any land real estates are
| not known they shall apprase the compensation
to be made for and damage done to the fee simple;
| said commissioners shall ascertain and determine
the whole cost OF the laying OUT opening, widening
extending of such street or highway, and shall de-
| termine what lands are specially benehtt1 by the
same and shall such cost, lar practicable,
| upon the lands so specially benefited they shall
each lot or parcel of land specially benefited
thereby In proportion to the benefit received and no
lot parcel OF land shall be assessed than IL Is
specially benefited, and in the said cost shall
exceed The aggregate amount Of special benefits the
excess shall be assessed upon and shall be borne by
| the town or township at large; the said commits
| soneTs shall make map showing the lands and i'm
| provements required to be taken and each lot or
| parcel of land specially benefited they shall under
| their hands make report in writing of the facts
asceftained and of the apprasements estimates, de
| examinations and assessments made by them, and
shall present their report ana map TO the town COM
mttee who shall direct the town clerk to publish
| for Ave weeks successfully at least once in each
week in "A newspaper published IN the county, and
to post for ten days In five public places In the town
or township notices setting forth that such report
and map have been filed with him and specifying
where and when they can be seen and examined
and designating the time and place when and
where the town committee or council will meet to
consider and adiudeate upon all objections to such
meUts that maS be DTcsen,ed in Writing and ali Oh
jections at such time and place presented in writing
| the town committee or council shall consider and
| adjudicate upon, and the awards or assessments
made in said report may be corrected accordingly,
| copy of which corrections signed by the chairman
| of the town committee or council, shall be filed
| with said clerk within ten days thereafter; the
| town committee or council may thereupon confirm
| said report map awards and assessments as filed
by said commissioners corrected by them, and
| from and after the time Of such confirmation the
assessment shall constitute u lien upon the lands
upon which it is imposed collectible and enGorcea-
BILE as other assessments are in such town or town
ship.
4. And be It enacted, That the towl committee
or town council shall also pass resolution direct
Ing the several sums awarded to be paid to the
persons TO whom the awards are made for real
estate taken and damages sustained, and upon the
passage OF such resolution the lee simple of said real
estate to be taken shall be vested in the township
or town provided, that when the commissioners
sha have reported the name or estates of the
owners of any parcel as unknown, the said resou-
ton shall direct the sum OF the award on account of
such plot TO be paid TO the owner owners thereof
when and as their interest may appear and any such
owner or person interested in said land may by SUIT
in chancery, according to the practice of that court
have the said sum distributed or in whole or in part
paid over to him, as law and justice may require
o And be it enacted, That whenever by the re-
| port and map OF the commissioners, corrected as
aforesaid, IL shall appear that award has been
made to any person for property taken or damages
sustained, and that such person Is also assessed for
benefits received then IL the assessment equals
exceeds the award no payment shall be made on ae-
count of the award ifthe award exceeds the assess
ment only so much OF the award as Is In excess
thereof shall be paid and the resolution of the town
committee council ordering the awards to be paid
| shall be framed accordingly
| 6. And be It enacted That whenever any
person who shall have presented objections
aforesaid to an award, or shall be dissatisfied
with the determination of the town commit
| tee or council thereupon such person may
commence an action upon contract against
| the town or township In the circuit court of
| the county or In the supreme court of this
| state, provided that the trial shall be had in
| the county in which such town or TOW nship
\ Is situated), which action shall proceed in all
things as If said town or township had upon
| taking the real estate required agreed in
writing to pay therefor the value thereof,
and the damage done by taking the same; and
| II In such action the plaintiff recover more
| than the amount of the award, he shall re-
| cover his taxable costs, and III he shall not re-
| cover more than the amount awarded the
defendant town or township shall recover its
taxable costs, and shall be entitled to have
them deducted from the amount recovered
by the plaintiff the amount of assessment
ssd thsr e9e Painti ga adnyOeIng also deduo
such action shall be brought by any person
who shall have accepted payment of the
amount awarded, nor unless notice that such
action will be brought be tlled with the town
clerk within three months after confirmation
OF the award, nor unless such action be COM
menced within two years after such contir-
nation.
7. And be 1t enacted, That this act shall
take effect immediately.
Approved March 10. 1877.
CHAPTER LXI