reglab/housing_qa huggingface dataset:
NJ Rev Stat § 48:3-17.7 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.7 - Necessity; application; notice and hearing; rules and regulations

48:3-17.7. Necessity; application; notice and hearing; rules and regulations  The power of condemnation shall not be used or enforced by any such public utility unless the necessary land or other property or any interest therein as stated in this chapter, cannot be acquired from the owner by reason of disagreement as to the price or legal incapacity or absence of the owner, or inability to convey a valid title, or because the names or addresses of the owner or owners may be unknown, or for any other reason. Except where a governmental agency having jurisdiction has granted the utility the permission to take or acquire property or any interests for the utility's purposes the power of condemnation shall not be used or enforced by any public utility until and unless such utility shall have applied to the Board of Public Utility Commissioners upon the petition of such utility and the board, after due notice, including notice to the owner or owners of the land or other property or interest therein to be condemned, and to any other parties having an interest of record therein, if known and resident of this State, and if unknown or not resident of this State, then by such publication as the board shall prescribe, and public hearing, shall have found that the land or other property or interest therein desired is reasonably necessary for the service, accommodation, convenience or safety of the public, and that the taking of such land or other property or interest therein is not incompatible with the public interest and would not unduly injure the owners of private property. The board is hereby authorized and empowered to determine the necessity as aforesaid for the use of the land or other property or interest therein so sought to be condemned and to make and establish such reasonable rules and regulations governing the form and method of such application and the time and manner of the notice of such public hearing as it may deem proper, and the board shall have full power and authority to enforce the provisions of this section. L.1962, c. 198, s. 49.
NJ Rev Stat § 48:3-17.8 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.8 - Taking of state property prohibited

48:3-17.8. Taking of state property prohibited  No public utility shall take by condemnation any land, property, or other interest belonging to the State of New Jersey. L.1962, c. 198, s. 63.
NJ Rev Stat § 48:3-17.9 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.9 - Definitions

48:3-17.9. Definitions  As used herein: (a) "Public utility" means any public utility defined in 48:2-13; (b) "Right-of-way" means the area devoted to passing over, on, through or under lands with utility plant facilities as part of a way for such purpose; (c) "Easement" means privileges essential or appurtenant to the enjoyment of a right-of-way; and (d) "Emergency" means any time a public utility service is interrupted or in immediate danger of being interrupted by the elements or by any other cause or when the condition of the equipment of the public utility is in need of immediate repair to prevent injury to persons, or damage to property. L.1969, c. 182, s. 1.
NJ Rev Stat § 48:3-17.10 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.10 - Notice to landowner before entry

48:3-17.10. Notice to landowner before entry  It shall be unlawful for any public utility to enter upon any lands in which it has acquired an easement or right-of-way, for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures thereon, other than structures or fixtures owned by the public utility, or for the purpose of maintaining such easement or right-of-way by clearing, moving, cutting or destroying any trees, shrubs, plants or other growth thereon, unless and until not less than 5 days' notice of such entry shall be given to the owner of the lands subject to such easement or right-of-way personally or by certified or registered mail addressed to the owner at his address as shown by the assessment records of the municipality in which the land is situate, but nothing herein shall prohibit entry without notice in any case (a) Of an emergency, or (b) Where such notice is waived by the owner, or (c) Where the easement or right-of-way contains an express provision permitting entry without notice or upon notice of a lesser period of time, which is complied with, or (d) Where the owner consents to the entry of the public utility for such purposes, or (e) Where the structure, fixture, tree, shrub, plant or other growth, or portion thereof, to be dealt with as aforesaid, is located over, on, through or under any public street, road, highway or other public thoroughfare. L.1969, c. 182, s. 2.
NJ Rev Stat § 48:3-17.11 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.11 - Definitions relative to public utility infrastructure projects.

48:3-17.11 Definitions relative to public utility infrastructure projects.  1. As used in P.L.2021, c.263 (C.48:3-17.11 et seq.): "Board" means the Board of Public Utilities or any successor agency. "Emergency" means any circumstance when local utility or public utility service is interrupted or in immediate danger of being interrupted by natural causes or by any other cause or when the condition of the equipment of the local utility or public utility is in need of immediate repair to prevent injury to persons or damage to property. "Local infrastructure project" means a project performed by a local unit or a local utility to improve a public road, street, or bridge under the jurisdiction of a local unit or local utility facilities or any work conducted in a public utility right-of-way. "Local unit" shall have the same meaning as provided in N.J.S.40A:1-1. "Local utility" means a sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.), a utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), an entity created pursuant to the "Municipal Shared Services Energy Authority Act," P.L.2015, c.129 (C.40A:66-1 et al.), or a utility of a local unit, authority, commission, special district, or other corporate entity not regulated by the Board of Public Utilities under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof. "Public utility" shall have the same meaning as provided in R.S.48:2-13. "Public utility infrastructure project" means the construction, reconstruction, installation, demolition, restoration, or alteration of facilities under ownership or control of the public utility that requires approval by the board, but shall not include traffic control, leak surveying, snow plowing, vegetation management in or around public utility rights-of-way, mark outs, landscaping, meter work, equipment repairs , or other work occurring during an emergency. L.2021, c.263, s.1.
NJ Rev Stat § 48:3-17.12 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.12 - Notification of infrastructure project plan to local unit, local utility service area; examination of underground utility facility.

48:3-17.12 Notification of infrastructure project plan to local unit, local utility service area; examination of underground utility facility.  2. a. A public utility shall notify a local unit and local utility of any public utility infrastructure project that the public utility plans to undertake within the borders of that local unit and local utility service area at least 180 days prior to initiating work on the public utility infrastructure project. The notice shall include a summary of the purpose and scope of the public utility infrastructure project, a public utility infrastructure project schedule, and a map of the public utility infrastructure project location. b. Notwithstanding the notification requirements of subsection a. of section 3 of P.L.2021, c.263 (C.48:3-17.13), within 60 days of the receipt of the notice required pursuant to subsection a. of this section, a local unit and local utility shall examine any underground utility facility owned or operated by the local unit or local utility to the extent feasible and notify the public utility whether such underground utility facility needs repair or replacement and if the local unit or local utility intends to undertake a local infrastructure project within the scope of the public utility infrastructure project. The local unit, local utility, and public utility shall coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work. L.2021, c.263, s.2.
NJ Rev Stat § 48:3-17.13 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.13 - Notification of public utilities; examination of underground utility facility.

48:3-17.13 Notification of public utilities; examination of underground utility facility.  3. a. A local unit and local utility shall notify each public utility that provides service within the borders of a local unit and local utility service area of any local infrastructure project that the local unit or local utility plans to undertake at least 180 days prior to initiating work on the local infrastructure project. The notice shall include a summary of the purpose and scope of the local infrastructure project, a local infrastructure project schedule, and a map of the local infrastructure project location. b. Notwithstanding the notification requirements of subsection a. of section 2 of P.L.2021, c.263 (C.48:3-17.12), within 60 days of the receipt of the notice required pursuant to subsection a. of this section, a public utility shall examine any underground utility facility owned or operated by the public utility within the borders of a local unit to the extent feasible and notify the local unit and any relevant local utility whether an underground utility facility needs repair or replacement and if the public utility intends to construct a public utility infrastructure project within the scope of the local infrastructure project. The local unit, local utility, and public utility shall coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work. L.2021, c.263, s.3.
NJ Rev Stat § 48:3-17.14 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-17.14 - Rules, regulations.

48:3-17.14 Rules, regulations.  4. The Board of Public Utilities, in consultation with the Department of Community Affairs, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to implement the provisions of P.L.2021, c.263 (C.48:3-17.11 et seq.). L.2021, c.263, s.4.
NJ Rev Stat § 48:3-18 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-18 - Agreements

48:3-18. Agreements  Any person municipal or otherwise, may enter into a written agreement with any other such person owning or using any poles erected under municipal consent in any street, highway or other public place for the use by the former person of the poles upon such terms and conditions as may be agreed upon by the persons. Amended by L.1962, c. 198, s. 41.
NJ Rev Stat § 48:3-19 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-19 - Municipal consent

48:3-19. Municipal consent  The consent of the municipality shall be obtained for the use by a person of the poles of another person unless each person has a lawful right to maintain poles in such street, highway or other public place. Amended by L.1962, c. 198, s. 42.
NJ Rev Stat § 48:3-20 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-20 - Powers, rights and franchises not impaired

48:3-20. Powers, rights and franchises not impaired  Such joint use of poles shall not lessen or impair the powers, rights, privileges and franchises of either corporation. Each corporation shall have the same powers, rights, privileges and franchises in respect to poles jointly used as each corporation has in respect to poles and wires under the laws of this state.
NJ Rev Stat § 48:3-20.1 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-20.1 - Franchise not to lapse on death of holder; transfer by estate with consent of board

48:3-20.1. Franchise not to lapse on death of holder; transfer by estate with consent of board  No franchise, privilege, authority or consent to operate a public utility, lawfully granted or given by the State or by any political subdivision thereof, to any natural person individually, or as co-partner with other person or persons, shall lapse or become void by reason of the death of any such person but in any such event the same shall vest in and become the property, of the estate of the deceased person or of such estate and the surviving partner or partners and shall be transferable as assets of such estate or of such estate and said surviving partner or partners, with the consent of the board. L.1962, c. 198, s. 46.
NJ Rev Stat § 48:3-20.2 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-20.2 - Designation of agent to act for estate

48:3-20.2. Designation of agent to act for estate  There may be filed with the board a designation containing the name and address of an agent, resident of this State, to act for the estate of such person in case of his death pending the appointment of his personal representative and the lawful authorization of such personal representative to continue to operate such public utility and such agent shall be authorized to operate or participate in the operation of such public utility until such appointment and authorization is made. L.1962, c. 198, s. 47.
NJ Rev Stat § 48:3-21 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-21 - Sale of property and franchises of gas, water, or gas and water companies; purchasers constituted corporation; powers

48:3-21. Sale of property and franchises of gas, water, or gas and water companies; purchasers constituted corporation; powers  Whenever the property, rights, powers, immunities, privileges and franchises of any turnpike, bridge, plank road, gas, water, or gas and water corporation created by or under any law of this state, shall be or has been sold and conveyed under and by virtue of any process or decree of any court of this state, or of the district court of the United States, the person or persons for or on whose account such property, rights, powers, immunities, privileges and franchises may be purchased shall be and they are hereby constituted a body politic and corporate, and shall be and they are vested with all the right, title, interest, property, possession, claim and demand in law and equity of, in and to such turnpike, bridge, plank road, gas, water, or gas and water company, with its appurtenances and with all the rights, powers, immunities, privileges and franchises of the corporation as whose the same may have been sold, and which may have been granted to or conferred thereupon by any law of this state in force at the time of such sale or conveyance. The persons for or on whose account any such property, rights, powers, immunities, privileges and franchises of such corporation which may or shall have been purchased under and by virtue of any process or decree of any court of this state or of the district court of the United States, may organize such new corporation by the election of such officers and directors, issue such certificates of stock, create and issue such preferred stock, and from time to time issue such bonds, and secure the same as was authorized by the act or acts under and by which such former corporation was created.
NJ Rev Stat § 48:3-22 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-22 - Filing certificate of organization; copy as evidence

48:3-22. Filing certificate of organization; copy as evidence  It shall be the duty of such new corporation, within one calendar month after its organization, to make a certificate thereof under its common seal, attested by the signature of its president, specifying the date of such organization, the name, the amount of capital stock, and the names of its president and directors, and transmit such certificate to the secretary of state, to be filed in his office and there remain of record, and a certified copy of such certificate so filed shall be evidence of the corporate existence of such new corporation.
NJ Rev Stat § 48:3-23 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-23 - Sale of railroad, canal, turnpike, bridge or plank road company; purchasers constituted corporation; powers

48:3-23. Sale of railroad, canal, turnpike, bridge or plank road company; purchasers constituted corporation; powers  Whenever any railroad, canal, turnpike, bridge or plank road of any corporation created by or under any law of this state, or by any concurrent, joint or consenting legislation of this state, and any other adjoining state, shall be or has been sold and conveyed, under and by virtue of any process or decree of any court of this state or the United States, or by any other lawful authority, the person or persons for or on whose account such railroad, canal, turnpike, bridge or plank road may be or has been purchased, and the person or persons in whom title in the same is vested by mesne conveyances and assignments by such purchasers or their vendees shall be and are hereby constituted a body politic and corporate, and are and shall be vested with all the right, title, interest, property, possession, claim and demand in law and equity, of, in and to such railroad, canal, turnpike, bridge or plank road with its appurtenances, with all the rights, powers, immunities, privileges and franchises of such corporation which may have been granted to or conferred thereupon by statute or statutes, in force at the time of such original sale and conveyance, and subject to all the restrictions imposed upon such corporation by any such act or acts, except so far as the same are modified hereby, but the provisions of this section and sections 48:3-24 and 48:3-25 of this title shall, notwithstanding anything herein contained to the contrary, extend and apply to any case in which such railroad, canal, turnpike, bridge or plank road of any such corporation has been sold and conveyed as aforesaid before April eleventh, one thousand eight hundred and eighty-seven.
NJ Rev Stat § 48:3-24 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-24 - Meeting of purchasers for organization of new corporation; procedure; stock and bonds

48:3-24. Meeting of purchasers for organization of new corporation; procedure; stock and bonds  The person or persons for or on whose account any such railroad, canal, turnpike, bridge or plank road may have been or shall be purchased, or the persons holding title to the same by mesne conveyances from such purchasers, or a majority of such persons or vendees may call a meeting of such person or persons, or vendees, at such time and place as a majority in interest of them may in writing appoint for that purpose, giving public notice of the time and place of such meeting, at least once a week for two weeks, in at least one newspaper published in each of the counties in and through which such railroad, canal, turnpike, bridge or plank road may run. At the time and place so appointed, such majority may organize such new corporation by electing a president and board of six directors, to continue in office for one year succeeding such meeting, and annually thereafter, on the same day of the month, a like election for president and six directors shall be held to serve for one year. At such meeting such majority shall adopt a corporate name and corporate seal, determine the amount of the capital stock thereof, and shall have power and authority to make and issue certificates therefor to the persons in interest, to the amount of their respective interests therein, in shares of fifty dollars each. Such new corporation may then or any time thereafter, create and issue preferred stock to such an amount, and at such times as they may deem necessary, and from time to time issue bonds at a rate of interest not exceeding six per cent per annum, to any amount not exceeding their capital stocks and secure the same by a mortgage of the property, rights, powers, privileges and franchises of such corporation.
NJ Rev Stat § 48:3-25 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-25 - Certificate of organization; filing; prior liens not affected

48:3-25. Certificate of organization; filing; prior liens not affected  It shall be the duty of such new corporation, within one month after its organization, to make a certificate thereof, under its common seal, attested by the signature of its president, specifying the date of such organization, the name so adopted, the amount of capital stock, and the name and residence of its president and directors, and transmit such certificate to the secretary of state at Trenton, to be filed in his office and there remain of record, and a certified copy of such certificate so filed shall be evidence of the corporate existence of such new corporation. Nothing in this section or sections 48:3-23 and 48:3-24 of this title shall divest or impair the lien or encumbrance of any prior mortgage or other encumbrance upon the property or franchises conveyed under the original sale of such property or franchises, when by the terms of the process or decree under which the sale has been made, or by operation of law such sale is made subject to the lien of any such prior mortgage or other encumbrance, or divest or impair any prior mortgage or other encumbrance thereon created by the vendees of the purchasers at such sale or those holding under them by mesne conveyances.
NJ Rev Stat § 48:3-26 (2021)
2021 New Jersey Revised Statutes|Title 48 - Public Utilities|Section 48:3-26 - Number of directors of new company

48:3-26. Number of directors of new company  The stockholders of any railroad, canal or turnpike company which has been or may be formed after mortgage sales of the railroad, canal or turnpike, at the annual or other election of directors, may elect any number of directors (not less than seven nor more than seventeen), one of whom shall be president, provided that the board of directors of the company shall first have voted and fixed the number of directors to be voted for, unless it shall be at the first meeting of the persons for or on whose account the railroad, canal or turnpike may have been purchased, in which case the number of directors may be fixed as aforesaid by the persons organizing the new company under the laws of this state.