The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-06-27
CHAPTER XcIII.

An act to enable cities in this state located on
| on near the ocean, and embracing within
their limits or jurisdiction any beach or ocean
front, to open and lay out public park, or
place for public resort or recreation, on and
along the beach or ocean front OF sail city,
and to purchase and condemn lands, property
and rights therefor, and to preserve the same
| from obstruction or enroachment. s.e
Be it enacted by the Senate and General
Assembly of the State Of New Jersey, that it
| shall be lawful for the common council or other
governing body of any city in this state, located
on near the ocean, and embracing within its
limits or jurisdiction y beach or ocean front,
to open and lay and along such beach or
ocean front, public park or place for public re
sort and recreaC'on, and 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 en- eted, that whenever the COM
mon council other governing body OF any
such city shall determine to open ana lay out
such park or place of public resort and recrea
ton. 1t shall first the interior or inland line
of the same to be established and suitably
marked upon the ground, and cause a descrip
ton of the to be filed in the office of the city
clerk OF said city, there to remain of record !; and
such interi + or inland line sh II not he estab-
shed further inland than ordinrry high water
mark along such beach or &C an front, and may
xtend along the same within the limits oil such
city, or along any part thereof; provided, how
ever, that where in any such city an elevated
public walk has been heretofore constructed
along 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 sucl line
may be established and fixed as far inland as the
int rior line OF such puAlic walk.
3. And be it enacted. That when such interior
line has been established, as herein provided it
shall and may be lawful for the common council or
other governing body of such city to purchase or
condemn all the lands, real estate, property and
rights of persons and corporations situate, lying
and being within and between the line estab-
lished and the exterior line or hereafter estab-
lished by the state riparian commissioners, along
and in front OF the property over and across which
such interior line has been established, and to de-
vote the same exclusively to public a public
park place for public resort and recreation, aud
to keep the same forever open and unobstructed
for such public use.
L. And be it enacted, That it shall be lawful for
the common council Of such city to build and con-
struct 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 in case any
such elevated public walk has heretofore been
structed in any such city, on along the line
established. it shall be lawful for the common
cll other governing body of such city to change
the construction and location thereof, so that the
sane shall Gopiq6p To- thu B'easj toueept irUf ANY
person or persons or corporation owning lands,
property rights which by the provisions OF TINS
act such city is authorized to purchase or condemn,
dedication of such property, lands and rights for
the uses and purposes herein mentioned and IN ac-
cepting any such dedication it shall be llwfu Tor
the common council other governing body OF
such city to contract and agree with the owner or
owners so defeating such lands, property ana
rights to so change the location of the line estab-
lisbed under the provisions Of this act over and
across the property dedicated, and to so change
the location and construction OF the elevated public
walk constructed thereon Gf any shall be so con-
structedl in such manner that the owner or owners
so dedcating such land, property and rights may
secure the benefit of any accretions which may De
made to the land and property SO dedicated through
by the action OF the tides or waters OF the ocean
or other natural cases.
6 And he IL enacted, that the common coun-
Gil or other governing body ofsuch city may regu'
late the use of such lands and property when so
purchased, condemned or dedicated aud so de
voted to such public Nse in any such city, ana
prevent any obstruction thereof and any en-
croachmenl thereon ; and 1t shall not he lawful
To locate construct or operate any steam, horse
r other railway over or across he lands 10 pur-
chased, cond cmned or dedicated, or any part
thereo' or to open and lay out any public high
way or street over or across the same, 1t bling
the intention when such lands are so purchased,
condemned dedicated and devoted to the pub
lie aforesaid, that the view OF the ocean from
| the interior line established, and from the
| elevated public walk, when the same is or shall
be constructed rs hr Elm provided, shall b. free,
open and unobs,ructed and that no use shall be
| made of the said lands aud property Inconsistent
| with the purpose OF this act.
| Z. And be il enacted, That when any lands and
real estate, or any RICH therein are or shall D.
condemned as in this act provided, such lands,
| real estate and all rights therein, shall be aud
become the property of the city so condemning
| and appropriatng the same and the proceedings
| IN condemnation SIidll peftRudtru ny anu
conform to- rs nearly as practicable. the
| provisions for the condemnation OF lands
provided for in the act entitled IAN act tc
authorize cities in this state located on or neal
the ocean and embracing within their limits
| or jurisdiction any beach or ocean 'front.' To lay
out and open streets, and drives aud construc
public walks along and upon the beach or oceat
front, to grade and otherwise improve the same
| 20 provide the money nee 'ssary therefor. and u
| regulate the use therefor, and Co regulate titt
use thereof" approved April sixth. one thou
sand eight hundred and eighty .nine constituting
chapter CXXIX of the session laws of one thou
sand eight hundred and eighty nine.
! g. And be IL enacted, That it shall he wful
for the common council or other Legislative bod,
of such city in any lands, property ant
ri hts, shall be purchased or condemned unde
authority of this act AMI devoted to such public
use to cause an assessment to be made OF tn
special or peculiar benefits, which such improve
ment may confer. upon all the owners of land
and real estate benefited thereby. in proportion
to the benefits each shall be deemed to acquire
and such assessment shall be made and COLLECTED
in the manner now r hereafter provided by law
for the making and C collection of benefit assess
ments for other public improvements, in sue
city
o. And b. it ena ted, That this act shall tax
eff CT Immediately.
Approved April 20. 1894.