The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-11

lands, property and rights therefor, and
to preserve the same from obstruction OF
en~croachmens.
l. Be it enacted by the Senate and Genera
Assembly of the State of New jersey, Tha1
it shall be lawful for the common council OF
other governing, body Of any city in this
state, located on or near the ocean. and en-
bracing within its limits or jurisdiction any
beach or ocean front, to open and lay out OF
and along such beach or ocean front, a pub
lie park or place for public resort ano
recreation, Iand to devote the lands within
the limits of such park or place of resort,
when established as herein directed, to such
use exclusively.
2. And be it enacted. That whenever the
common council or other governing body
of any such city shall determine to open
and lay out such q park or place for pubic
resort ann recreation, it shall first cause
the interior or inland line of the same to
be established and suitably marked upon
the ground, and cause a description of the
same to be filed in the Office of the city
clerk of the said city, there to remain OF
record; and such interior OF inland line
shall not be established further inland than
ordinary high water mark along such beach
or ocean front. and mi extend along the
same within the limits of such city, or along
any part thereof; provided, however, that
where in any such city an elevated public
Walk HIS UGCn ACI0DO1OlO las aNUOo choAi
the beach or ocean front in such city, on or
near to the line of ordinary high water mark
whether within or without the said line,
such line may be established and fixed as far
inland as. the interior line of such public
walk. r
3. And be it enacted, That when such in
terror line has been established, as herein
provided. it shall and may be lawful for the
common council or other governing body OF
CIlph rifV f0 n1rnhaSA or cOnInnn all the
lands, real estate, property and rights OF
persons and corporations situate, lying and
being within and between the line so estab-
lished and the exterior line now or hereafter
established by the state riparian commits
s~ioners, along and in front of the property
over and across which such interior line mas
been established, and to devote the same ex-
clusively to public use as a public park or
place for public resort and recreation, and
to keep the same forever open and mob
structed for public use.
4. And be it enacted, That it shall be law
full for the common council of such city to
build and construct an elevated public walk,
and to maintain the same, along the interior
line of such public park or place of public
resort, which elevated public walk shall not
extend at, any point more than one hundred
feet towards the ocean from the line so
established; and i'll case any such elevated
public walk has heretofore been constructed
in any such city, on or along the line so es-
tablished, it shall be lawful for the common
or other governing body of such city
to change the construction and location
thereof, so that he same sail conform to
provisions of this act.
5. And be it enacted, That it shall BIZ law
fal for the common council of such city to
accept from any person or persons or cor
poration owning lands, property or rights
which by the provisions of this act such city
is authorized to purchase or condemn, a ded1-
cation of such property, lands and rights for
the uses and purposes herein mentioned, and
in accepting any such dedication it shall be
lawful for the common council OF other gov
erning BODY of such city to contract and
agree with the ownef or owners SO dedlca6-
ing such lands, property and rights to so
change the location of the line established
under the provisions of this act over and
across the property so dedicated, and to so
change the location and construction OF the
elevated public walk constructed thereon Qf
be so constructed) in such n
that the owner or owners SO dedicating such
land, property and rights may secure the
benefit of any accretions which may be made
to the land and property SO dedicated
through or by the action of the tides or
waters of the ocean OF other natural causes
T.. And be it enacted, Thai the common
council or other governing body of such
ClBN lldY I0Z UhC . III SoSa SLN tSAAA
when SO purchased, condemned or
dedicated and SO devoted to such public use
in any such city, and prevent any obstruc-
ton thereof and any encroachfnent thereon;
it shall not be lawful to locate, con-
struct or operate any steam, horse or other
railway over or across. the lands so pur-
chased, condemned or dedicated, or any part
thereof, or to open or lay out any public
highway or street over over OF across the
same, it being the Intention, when such
lands are so purchased, condemned or dedi-
Gated and devoted to the public use afore-
said, that the view of the ocean from the in
terror line so established, and from the ele-
waited public walk, when the same is or shall
be constructed, as herein provided, shall be
free, and open and unrestricted, and b a
no use shall be made of the said lands and
inconsistent with the purpose Of this
act.
Z. And be it enacted, That when any
lands and real estate, or any rights therein
are or shall DO condemned, as in this act
provided, such lands, real estate, and all
rights therein, shall be and become the prop
erty of the city SO condemning and appro-
priating the same, and the proceedings in
condemnation shall be regulated by and
shall conform to. as nearly as practicable,
the provisions for the condemnation of
provided for in the act entitled A act to
authorize cities in this state located on or
near the ocean and embracing within their
limits or jurisdiction any beach or ocean
front, toslay out aud open streets and drives,
and constructing public walks along and
upon the beach or ocean front, to grade and
otherwise improve the same to provide the
money necessary therefor, and to regulate
the use thereof" approved April sixth, one
thousand eight hundred and eighty nine,
constituting chapter CXXIX of the session
laws of one thousand eight hundred and
eighty-nine.
S. And be it enacted, That it shall be law
full, for the common council or other legls-
lative body of such city in case any lands,
property and rights, shall be purchased or
condemned under authority of this act, and
devoted to such public use, to cause an
assessment to be made of the special or
peculiar benefits, which sueh improvement
may confer, upon all the owners of lands
and real estate benefited thereby, in pro-
portion to the benefits each shall be deemed
to acquire, and such assessment shall be
made and collected in the now or
hereafter provided by law, for the making
and collection of benefit assessments for
other public Improvements, in such city
g. And be it enacted, That this act shall
take effect Immediately.
Approved April 26, 1894. 2ta
BOARD OF STREET AND WATER
COMMISSIONERS.
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