reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-20 - Construction and use of tracks across streets and highways by certain companies

48:12-20. Construction and use of tracks across streets and highways by certain companies
Any railroad corporation chartered by or authorized to exercise its franchises within this state, which, on March fourteenth, one thousand eight hundred and seventy-nine, owned or possessed, as lessees or otherwise, lots or parcels of lands lying opposite to each other, across, and each fronting upon any street or public highway, may construct its tracks across such street or highway and use the same for all purposes of transportation; provided, that nothing herein contained shall be construed to enable such corporation to interfere with or to change the grade of such street or highway, or to prevent or unnecessarily impede the use thereof for ordinary travel.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-21 - Operation of ferry as part of railroad system

48:12-21. Operation of ferry as part of railroad system
Where the terminus of a railroad company is on the shore of a river or navigable water of this state, the company may establish and operate ferries for the transportation of persons and property on or across the same. The company may buy or build vessels and do all things necessary or convenient to carry on the ferry or may contract with other ferry companies for such transportation.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-22 - Purchasing or hiring vessels, wharves and landings

48:12-22. Purchasing or hiring vessels, wharves and landings
Any railroad company, whenever a majority of the directors thereof shall so decide, may purchase or hire any vessels or barges and any wharves, piers, docks, landings and buildings situated at or near any terminus of its road, capable of being of use in the transportation of freight or passengers, and any company is authorized to make such sale or lease whenever a majority of the directors shall so decide.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-23 - Foreign railroads in this state; rights and liabilities

48:12-23. Foreign railroads in this state; rights and liabilities
Any railroad company created by the laws of any other state and authorized by the laws of this state to hold property and exercise franchises in this state may hold meetings of the directors in this state who may exercise all the powers and franchises of the company in this state so far as necessary to transact the business of the company and may have an office in this state for the transfer of stock. The officers and agents of the company may transact its business in this state.
Any such company shall be deemed a corporation of this state for the purpose of being sued or proceeded against if insolvent in the same manner and to the same extent as if organized originally in this state and no attachment at law shall be brought against such company.
Any such company may be governed by such rules and regulations as shall be adopted under its organization not repugnant to the laws of this state.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-23.1 - Improvement and use of real estate not required or used for railroad purposes

48:12-23.1. Improvement and use of real estate not required or used for railroad purposes
Whenever any railroad owns in fee real estate susceptible of other than railroad uses without abandonment of such railroad uses, or real estate, different levels or parts of different levels of which may be devoted to such other uses without unreasonable impairment of the use of the remainder for railroad purposes, or whenever the part of said real estate so owned in fee above or under the part thereof needed in such company's railroad operations, with reasonable use of the surface and subsurface of said real estate for foundation and other incidental uses, may be utilized or developed for building or other structures to be used in other than railroad business, such railroad may improve, utilize and develop the part of such real estate so susceptible of such other use or uses or the parts which may be so separated for other uses, so as to obtain the benefit thereof and may subdivide the separate level or levels susceptible of such other uses into lots and blocks, construct elevated streets, walks and other appurtenances and facilities proper to such development; and may sell, convey, and transfer to purchasers any separate part or parts, singularly or combined, of such real estate, at, above or below the natural surface of the ground, susceptible of such other uses, or may lease to others such part or parts thereof as said company may at any time elect; provided, the Board of Public Utility Commissioners finds that the use of such part of said real estate so susceptible of such other uses will not unreasonably impair the use of the remainder of such real estate for railroad purposes.
L.1938, c. 369, p. 939, s. 1, eff. June 14, 1938.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-24 - Filing surveys of routes of main line and branches

48:12-24. Filing surveys of routes of main line and branches
When the route of a railroad company shall have been determined, a survey of the route and location, particularly describing the same, shall be filed in the office of the secretary of state.
The company may also from time to time after the filing of the survey of the route of the main line, and either before or after construction thereon, file surveys of the route and location of branches within the limits of any counties in or through which the main line may be located and of any county adjoining such counties.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-25 - Deposit with treasurer prerequisite to filing survey of branch

48:12-25. Deposit with treasurer prerequisite to filing survey of branch
The survey of the route of any branch shall not be filed in the office of the secretary of state until the company shall have deposited with the state treasurer at least two thousand dollars for every mile and a proportionate sum for any distance less than a mile of the branch.
The state treasurer shall hold such fund subject to be repaid to the company in installments of two thousand dollars for each mile and a proportionate sum for any distance less than a mile of the branch, upon the construction of which it shall be proved to his satisfaction, that such amount has been expended.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-26 - Recording surveys of main lines and branches; fees

48:12-26. Recording surveys of main lines and branches; fees
The secretary of state shall record in a book kept for that purpose all descriptions of the surveys of the main lines or branches filed with him, for which he shall collect from the company filing the same the fees prescribed by law for recording deeds.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-27 - Right of way; width

48:12-27. Right of way; width
The right of way of any railroad or of any branch thereof shall not exceed two hundred feet in width unless more land is required for the slopes of cuts and embankments or for retaining walls, in which case such land may be acquired as part of the right of way.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-28 - Entry on lands and construction of road; payment or tender of damages

48:12-28. Entry on lands and construction of road; payment or tender of damages
When the survey of its route has been filed in the office of the secretary of state, every railroad company, upon payment or tender of compensation, may construct, maintain and operate a railroad with one or more tracks and such side tracks, turnouts, offices and depots as it may deem necessary between the points named in its charter or certificate of incorporation. Every company may from time to time, either before or after completion of the main line, construct, maintain and operate branches upon the route described in its filed survey.
For these purposes every such company may enter upon, take possession of, hold, have, use, occupy and excavate lands and erect embankments, bridges and all other necessary works and do all other things which may be suitable or necessary for the accomplishment of its objects.
The payment or tender of all damages for the occupancy of any land through, under or upon which the railroad and its branches may be laid out shall be made before the company shall enter upon or break ground except to survey and locate the railroad and branches, unless the consent of the owner of the land be first obtained.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-29 - Time for commencement and completion of road

48:12-29. Time for commencement and completion of road
Every railroad company shall commerce its proposed railroad within six months from the date of its organization. Where the road is not more than fifty miles in length, the company shall open and complete at least one track within two years of the commencement. Where the road exceeds fifty miles in length the company shall have an additional six months to complete each twenty miles of road in excess of fifty. The company shall open fifty miles of road for public use as soon as fifty miles of track are laid.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-30 - Failure to timely commence or complete road; priority of location

48:12-30. Failure to timely commence or complete road; priority of location
Any railroad company organized under the laws of this State which shall fail to comply with the provisions of section 48:12-29 of this Title shall forfeit thereby the franchises given to it by such laws.
Where any company has failed to construct its road upon any part of the location shown by its filed survey within the time allowed by law and after the expiration of such time any other railroad company duly files a survey of a location crossing or occupying the same, the company last filing its location shall have priority of right over such location.
Amended by L.1962, c. 198, s. 107.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-31 - Extension of time for completing road

48:12-31. Extension of time for completing road
L.1937, c. 13, p. 27, entitled "An act for extending the time for completing certain railroads," approved March eleventh, one thousand nine hundred and thirty-seven, saved from repeal. [Subject to certain conditions, this act extends for a period of two years from the date of its passage the time for completing any railroad whenever such time has expired before December 31, 1937.]
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-32 - Branch lines to mills, factories and mines; municipal consent

48:12-32. Branch lines to mills, factories and mines; municipal consent
Any railroad company may lay out, construct, or may acquire, lease or purchase any branch line or lines of railroad not exceeding two miles in length, and may maintain and operate the same, extending from the main line or any branch line of the company to any mill, factory, mine, clay bed or warehouse whenever it shall be for the interest of the company.
Such company may take and hold the land necessary for that purpose on filing a map and description of the survey of the route of the branch in the office of the secretary of state and making the deposit required by section 48:12-25 of this title pending construction, with the state treasurer.
No company shall construct any such branch within the limits of any city or town until it shall first obtain the consent of the municipal authorities.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-32.1 - Branch lines, spurs or side tracks to horse race meeting premises; deposit with state treasurer; municipal consent

48:12-32.1. Branch lines, spurs or side tracks to horse race meeting premises; deposit with state treasurer; municipal consent
Any railroad company may lay out, construct, acquire, lease, contract in respect to, or purchase any branch line or lines, spur or side track of railroad, not exceeding 4 miles in length, either entirely or partially, in, through, along, across or upon any public or private road or street, and may maintain and operate the same, connecting with and extending from the main line or any branch line of the company, to extend to the premises, place, track or enclosure where any horse race meeting is held or conducted or to be held or conducted by any person, partnership, association or corporation, pursuant to a license or permit heretofore or hereafter issued by the New Jersey Racing Commission.
Such railroad company may make and enter into an agreement or contract with any such licensee or permit holder for any such construction, maintenance and operation of any such branch line or lines, spur or side track of railroad.
Such railroad company may take, hold, occupy and use the land necessary for any such purpose or purposes and shall file a map and description of the survey of the route of the branch line or lines, spur or side track of railroad, in the office of the Secretary of State and shall make the deposit required by section 48:12-25 of this Title, pending construction, with the State Treasurer.
Such railroad company shall not construct any branch line or lines, spur or side track of railroad for any such purpose or purposes within the limits of any city, town, borough, village or township until it shall have first obtained the consent of the municipal governing body, which consent may be given by resolution or by the grant of an easement and any such consent of a municipal governing body shall be subject to the approval of the Board of Public Utility Commissioners.
L.1947, c. 17, p. 65, s. 1. Amended by L.1962, c. 198, s. 108.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-33 - Connecting roads by branches

48:12-33. Connecting roads by branches
Whenever the roads of any railroad companies shall intersect or cross or approach each other within a distance of one mile, either company may construct and operate a branch connecting such roads and acquire land and property necessary for that purpose, on filing a map and description of the survey of the route of the branch in the office of the secretary of state and making the deposit required by section 48:12-25 of this title with the state treasurer.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-34 - Connection between railroad and street railway

48:12-34. Connection between railroad and street railway
Any railroad company and any street railway company whose lines intersect may make a physical connection of their tracks to enable the cars of the one to run on the tracks of the other, upon obtaining the certificate of the board of public utility commissioners that public convenience and necessity require the connection. The certificate shall only be granted after hearing upon notice to the municipality in which the physical connection is proposed to be made.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-36 - Crossing another railroad; required grade angle

48:12-36. Crossing another railroad; required grade angle
No railroad company shall cross another railroad at grade at a less angle than 20 degrees, but a railroad may be located upon the surveyed route or location of any other railroad company with the consent of such other company.
Amended by L.1962, c. 198, s. 109.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-38 - Change of location of route to avoid physical obstacles

48:12-38. Change of location of route to avoid physical obstacles
Any railroad company may change the location of a part of its route for any section not exceeding one mile in length by filing and recording a survey of the new location and of the section abandoned with the secretary of state where in the judgment of the directors, such change is necessary to avoid any physical obstacle interfering with the safe and convenient construction, maintenance or operation of the railroad.
Such alterations shall not be made in any city after the road has been actually constructed within its limits.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-39 - Straightening, shortening or improving road; condemning land

48:12-39. Straightening, shortening or improving road; condemning land
Any railroad company may straighten, shorten or improve its road or connect points thereon by shorter lines or branches upon filing and recording a survey of the straightened, shortened or improved line in the same manner as is required in the case of an original survey of location.
Any such company may take and acquire by condemnation all the land necessary for that purpose.
The company may retain and continue to use or may sell or otherwise dispose of all or any part of the original road for which such line has been substituted after it has constructed its road on its new location.
Amended by L.1962, c. 198, s. 110.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-40 - Abandonment of part of line; repaying of deposit; new survey

48:12-40. Abandonment of part of line; repaying of deposit; new survey
Any railroad company prior to the operation of any trains may abandon any part of its line before the same shall have been wholly completed upon filing and recording in the office of the Secretary of State a certificate of abandonment, executed by its president and secretary, under its seal, describing the part to be abandoned.
Thereupon the Treasurer of the State shall repay to the company out of the money of the company therefor deposited with the treasurer as required by law, $2,000.00 for every mile, and a proportionate sum for any distance less than a mile of its route so abandoned.
The company shall not thereafter extend or construct its road upon the portion so abandoned without first filing and recording a new survey thereof in the office of the Secretary of State and making the deposit with the treasurer required by law.
Amended by L.1962, c. 198, s. 111.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-40.1 - Cautionary boards not connected with automatic block signal system

48:12-40.1. Cautionary boards not connected with automatic block signal system
Every railroad company operating freight or passenger trains or engines or cars in this State, over or upon any tracks, or on any bridges or other structures carrying tracks of the kind commonly known as runaround or temporary tracks, shall, before any such use of said runaround or temporary tracks, install cautionary boards not connected with the automatic block signal system of a kind and character, sufficient to call attention to the engineers who are required to operate steam, electric or diesel engines or motors over such tracks, of the presence and existence of such runaround or temporary tracks, which cautionary boards shall be placed sufficiently ahead of the beginning of the temporary tracks to insure adequate notice to the said engineers to enable them to reduce the speed of the locomotive engine or motor before entering upon the runaround or temporary tracks, so as to be able to proceed thereover at a reduced speed consistent with safe operation over said tracks.
L.1952, c. 213, p. 743, s. 1, eff. May 17, 1952.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-40.2 - Violations

48:12-40.2. Violations
Any violation of this act by any railroad company shall constitute a misdemeanor and shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). In the event that any such violation continues for more than one day, each day during which the violation continues shall be deemed to be a separate offense. Any officer or agent of any such railroad company or any other person who shall knowingly authorize or allow any train operation over or upon any such runaround or temporary tracks except for the purpose of inspection or testing thereof, without the said cautionary boards having been previously installed, shall be guilty of a misdemeanor and shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and also by imprisonment not to exceed three years, or either, or both.
L.1952, c. 213, p. 744, s. 2, eff. May 17, 1952.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-41 - Construction and maintenance; draws; land under water belonging to state

48:12-41. Construction and maintenance; draws; land under water belonging to state
Any railroad company may build and maintain over such streams as its roads may cross, such piers and bridges as it may deem expedient, and may build viaducts over or tunnels under any navigable or other river, stream or bay which the railroad may cross.
Except as hereinafter otherwise provided, every such bridge or viaduct shall have a pivot draw with 2 openings, each of no less width than the widest opening of any viaduct or bridge now built over any such river, stream or bay, at right angles to the main channel, located at a point convenient for navigation.
No such company shall take any land under water belonging to this State without first obtaining the consent of the Department of Conservation and Economic Development, unless such land is at least 25 feet under the bed of the water. The department may convey the same on receiving the compensation it may fix.
Amended by L.1962, c. 198, s. 112.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-42 - Draws; lights and attendants; penalty for neglect

48:12-42. Draws; lights and attendants; penalty for neglect
When such river, stream or bay is navigable, the company shall, for the safety of persons navigating the same, maintain a red light at each outer side and a white light at each inner side of said draws, which shall be kept lighted between sunset and daylight. The company shall also keep a suitable person at each bridge or viaduct to open the draws for the free passage of all vessels with standing masts or pipes.
For each neglect to keep such light and to open the draws when necessary, the company shall forfeit one hundred dollars, to be recovered with costs in any court having jurisdiction thereof by any person suing for the same within six months after the time of such neglect.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-43 - Bridge over shallow tidal waters; necessity of draw; determination of department of conservation and economic development

48:12-43. Bridge over shallow tidal waters; necessity of draw; determination of department of conservation and economic development
Where a railroad is constructed across a stream where the tide ebbs and flows and by reason of the narrowness of the stream or shallowness of water it is unnecessary or impracticable to construct a pivot draw with 2 openings or any draw, the company may apply to the Department of Conservation and Economic Development, who shall, after personal inspection and due inquiry, determine what character of bridge is proper and whether any drawbridge is necessary and if so, the character and dimensions thereof and how the same shall be maintained, considering the extent and importance both of the navigation of the stream and of the public travel over the railroad.
The determination of the department shall be filed by it with the clerk of the county or counties in which the bridge lies and shall bind the company. A compliance with this determination by the company shall be a full performance of its duties and obligations with respect to the bridge.
Amended by L.1962, c. 198, s. 113.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-44 - Bridges over Delaware river; condemnation; taking lands of state

48:12-44. Bridges over Delaware river; condemnation; taking lands of state
Where the line of any railroad company of this State is constructed to the Delaware river, such company may extend such line, with as many tracks as it shall deem necessary, by means of a bridge and its approaches, to the middle of the river and connect the same with any railroad of an adjoining State and may change the location of its line or make such other improvements therein as may be necessary or convenient for this purpose.
The company may acquire by condemnation such lands as may be necessary.
The company may occupy so much of the land belonging to this State as shall be required for the bridge and the piers and abutments thereof and approaches thereto, upon payment to the Department of Conservation and Economic Development of such compensation as it shall fix. The department shall convey such lands in fee to the company upon receiving such payment.
The company may retain that portion of the line which has been relocated if in its opinion the abandonment of the original line would be inconvenient or injurious to the interests of the public and the company.
Amended by L.1962, c. 198, s. 114.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-45 - Tunnel under interstate waters; manner of constructing; changing sewers

48:12-45. Tunnel under interstate waters; manner of constructing; changing sewers
Any railroad company organized under the laws of this State whose route lies in part under the bed of waters of an interstate river or other interstate waters may build its railroad under the same by tunnel.
In approaching such river or waters the company may build its railroad in part by tunnel under lands and longitudinally or otherwise under streets and public places in municipalities and under railroads and rivers, and in part on or above the surface of the land.
The company may construct and secure the foundations and other structures required for the construction, maintenance and operation of the road and may connect the road under the bed of the waters of the river with the railroad of any company organized under the laws of an adjoining State.
The tunnel shall be so built and maintained as to make the surface of the ground above the same firm and safe for building and other erections thereon and shall be at such depths beneath the lands, rivers, railroads, streets and public places as not to interfere with the use thereof.
The company may enter upon, purchase or acquire in the manner provided by law, such lands or rights and easements in lands along its said route, upon, over or beneath the surface of the land as shall be necessary for its purposes.
The right of way beneath the streets and public places and the use thereof for the purpose of the railroad is hereby declared to be a public use consistent with and one of the uses for which the same are publicly held.
Whenever it shall be necessary to alter the position of any public sewer or water pipe the same shall be done at the expense of such company under the direction of the public authorities having charge thereof.
Any such company shall have 10 years from the date of its organization to open and complete one track of its road.
Nothing in this section shall authorize the building of any railroad either upon or above the surface or by open cut longitudinally along any street of a city or town.
Amended by L.1962, c. 198, s. 115.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-46 - Duty to erect and maintain; liability

48:12-46. Duty to erect and maintain; liability
Every railroad company shall erect and maintain fences on the sides of its road of the height and strength of division fences required by law, with gates or barways at farm crossings. Every such company shall also construct and maintain cattle guards at road crossings sufficient to prevent cattle and other animals from getting on the railroad.
Until such fences and guards are erected the company shall be liable for damages done by its trains to cattle or other animals straying on its railroad. Where such fences and guards have been duly erected and maintained the company shall not be liable for such damages unless negligently or willfully done.
Amended by L.1962, c. 198, s. 116.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-47 - Penalty for driving animals on tracks

48:12-47. Penalty for driving animals on tracks
Any person who shall ride, lead or drive any cattle, horses or other animals upon any railroad protected by fences and guards as required by section 48:12-46 of this title and within such fences and guards elsewhere than at farm crossings, without the consent of the company, shall, for every such offense, forfeit ten dollars and pay all damages sustained thereby to the company, to be recovered in an action at law.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-48 - Speed of trains through cities where fence, embankment or cut is maintained

48:12-48. Speed of trains through cities where fence, embankment or cut is maintained
Where any railroad company in any city shall maintain along its roadway where the same adjoins a public highway, a fence or embankment four feet high and sufficiently close and strong to prevent children and horses from going through the same, or where its tracks shall be laid in a cut at least four feet deep, and shall provide on each side of the track at any highway crossing in such city a gate of like height and sufficiency, and cause the same to be closed at least half a minute before any train crosses such highway and until the train shall have passed by, the company may run its trains in said city over the portion of its railroad thus protected and over the portions not adjoining or crossing any highway at such rate of speed it deems proper.
In the absence of such protection and safeguard the company shall be bound by lawful and reasonable municipal ordinances regulating the speed of its trains along streets.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-49 - Bridges and passages at street and road crossings; private ways and cattle guards

48:12-49. Bridges and passages at street and road crossings; private ways and cattle guards
Every railroad company owning, leasing or controlling any right of way for a railroad within this state shall construct and keep in repair good and sufficient bridges and passages over, under and across the railroad or right of way where any road, street or avenue now or hereafter laid, shall cross the same, so that public travel on the road is not impeded thereby. Said bridges and passages shall be of such width and character as shall be suitable to the locality in which they are situated.
Where the railroad intersects the land of an individual the company shall provide and keep in repair suitable and convenient passageways over, under and across the railroad and construct and maintain suitable and proper cattle guards at all road crossings.
This section shall not enlarge the duty imposed by its charter upon any railroad company incorporated by special act and whose railroad was constructed before the second day of April, one thousand eight hundred and seventy-three.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-50 - Piers to support bridges over streets or highways

48:12-50. Piers to support bridges over streets or highways
Where a railroad is constructed above the grade of any street or highway in any city or town by a bridge the company may erect piers for the support and safety of the bridge. The piers may be located at the outer edge of the street or highway so as not to encroach thereon and may extend thence into the sidewalk or place left therefor.
From the land on each side of the street or highway, so much shall be added to the sidewalk and thrown open to public use for such purpose, as shall be occupied by the pier on that side.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-51 - Highways over or under railroad; condemnation of lands for embankment or cutting

48:12-51. Highways over or under railroad; condemnation of lands for embankment or cutting
When the tracks of a railroad company shall cross a highway, such highway may be carried under or over the tracks as may be found expedient.
Where an embankment or cutting shall make a change in the line or route of the highway desirable with a view to a more easy ascent or descent or where more land is required to make an embankment or cutting in the highway in its approaches to the crossing to adapt it to the grade thereof, the company may acquire by purchase or condemnation, such additional land for the construction of the crossing of such new line or route or elevation as it may deem necessary.
Such land, when so acquired, shall become a part of the highway in the same manner and by the same terms as the adjacent parts of the highway are held for highway purposes.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-52 - Failure to construct and maintain bridges and crossings; procedure by county or municipality

48:12-52. Failure to construct and maintain bridges and crossings; procedure by county or municipality
When a railroad company shall not properly construct and maintain the bridges or other crossings which cross, or are crossed by, highways, whenever the bridges or crossings were originally constructed by, or are owned by, the railroad company, the governing body of the county or municipality wherein such crossings are located may, within a reasonable time, after notice to the company, construct or repair such bridges or other crossings, and the cost thereof may be collected from the company whose duty it is to make such construction or repair, by action in a court of competent jurisdiction.
In lieu of such construction or repair the county or municipality may proceed by suit in equity to compel the specific performance of the duties imposed by law upon the company with respect to the construction, maintenance and repair of such bridges and crossings. The court shall prescribe the crossing to be constructed or the repairs to be made.
In order to enforce obedience to its decree or mandate, the court may restrain the exercise of any of the franchises of the company or adopt other remedies in accordance with the practice of the court.
Amended by L.1983, c. 120, s. 1, eff. April 4, 1983.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-53 - Construction of tracks along city streets; elevated roads; contracts

48:12-53. Construction of tracks along city streets; elevated roads; contracts
The municipal authorities of any city except a city of the first class may permit any railroad company to lay and construct its tracks along and upon any street or highway or above the street or highway by means of an elevated structure and may contract with such company, fixing the terms and conditions as to maintenance of crossings, speed of trains and payment of consideration for such use and may do all things necessary to carry out such contract and any such contract made prior to March thirtieth, one thousand nine hundred and five, is hereby ratified and confirmed.
No such railroad shall be constructed along or above any such street or highway until the company shall have acquired the right of the owners abutting thereon by agreement or condemnation proceedings.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-54 - Protections at grade crossings; group signals

48:12-54. Protections at grade crossings; group signals
Every company operating on a fixed track or tracks, freight or passenger trains or cars, shall provide protection to pedestrians and the traveling public at every crossing of its tracks by any public road. Such protection may be in the form of safety gates, flagmen, electric bell, electric signs or other recognized system of alarm or protection approved by the Board of Public Utility Commissioners.
When several crossings lie so close together that an audible signal at one crossing may be sufficiently heard at others near it, such crossings may be protected by such device or signals as will sufficiently protect all crossings in the group.
When on any line or part thereof all traffic is discontinued for any part of the night, no crossing guards need be operated while traffic is so discontinued.
This section shall not apply to street car lines or tracks used principally for street car purposes.
The provisions of this section shall be construed to be mandatory and shall be operative without order or direction of the board.
Amended by L.1962, c. 198, s. 118.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-55 - Compelling proper protection of grade crossing

48:12-55. Compelling proper protection of grade crossing
The Board of Public Utility Commissioners, upon its own initiative or upon the application of any municipality or citizen dissatisfied with the protection provided or the failure to provide any or sufficient protection at any crossing within such municipality or used by such citizen may by order compel proper compliance with section 48:12-54 of this Title. Such application shall be considered and acted upon in accordance with the board's rules of practice.
Amended by L.1962, c. 198, s. 119.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-56 - Enforcement; penalty; construction

48:12-56. Enforcement; penalty; construction
The provisions of sections 48:12-54 and 48:12-55 of this title shall be enforced by the board of public utility commissioners in the manner provided by chapter 2 of this title (s. 48:2-1 et seq.).
Violation of the provisions of sections 48:12-54 or 48:12-55 of this title shall be subject to the penalties provided in sections 48:2-49 to 48:2-51 of this title.
Nothing in sections 48:12-54 and 48:12-55 of this title shall be construed to affect the provisions of sections 48:12-61 to 48:12-67 of this title.
Nothing in sections 48:12-54 and 48:12-55 of this title shall nullify the power of the board to compel protection at other crossings at grade.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-57.1 - Pilot demonstration program for supplementary safety measures.

48:12-57.1 Pilot demonstration program for supplementary safety measures.
2. The Commissioner of Transportation may immediately proceed with a pilot demonstration program implementing the use of potential supplementary safety measures, in anticipation of the adoption of federal regulations establishing supplementary safety measures, for the purpose of studying the effectiveness of such measures at a limited number of grade crossings within the State, not to exceed 10 in total. The study, conducted pursuant to the pilot demonstration program, shall consider traffic and operational data, accident information, quality of life considerations, and overall safety at the selected grade crossings. The pilot demonstration program shall be carried out in consultation with the Federal Railroad Administration and the freight and passenger railroads selected for the program. The grade crossings selected for the pilot demonstration program shall be at the discretion of the Commissioner of Transportation.
L.1999,c.430,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-58 - Warning signs at grade crossings

48:12-58. Warning signs at grade crossings
Every railroad company shall install and maintain at each highway crossing at grade a conspicuous sign with such inscription and of such standard and design as shall be approved by the Board of Public Utility Commissioners, so as to be easily seen by travelers.
Amended by L.1962, c. 198, s. 121.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-58.1 - Abandonment of line and grade crossings; notice; substitution of abandoned grade crossing sign for warning sign

48:12-58.1. Abandonment of line and grade crossings; notice; substitution of abandoned grade crossing sign for warning sign
Whenever a railroad company has discontinued or discontinues all traffic on any line or part thereof, and has abandoned or abandons the use of such line and the grade crossings thereon, said company shall notify the Board of Public Utility Commissioners and the Director of the Division of Motor Vehicles of its action. The Board of Public Utility Commissioners shall order the removal of the warning sign erected by the railroad in accordance with R.S. 48:12-58 and the installation in its place of a sign of such standard and design as shall be approved by the board, with the inscription "Abandoned Grade Crossing." When the railroad track has been removed or paved over at an abandoned grade crossing, no sign shall be required.
L.1971, c. 393, s. 2, eff. Jan. 7, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-59 - Protection of electrified third rail at grade crossings

48:12-59. Protection of electrified third rail at grade crossings
Any company operating a railroad in this state on which the cars are operated by electric current by means of a third rail at or near grade, shall securely cover said rail with wood or other nonconducting material for seventy-five feet on each side of all grade crossings, leaving only sufficient opening for contact by the shoe or other apparatus used to convey the electric current from said rail to the cars.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-60 - Failure to protect electrified third rail; penalty; negligence per se

48:12-60. Failure to protect electrified third rail; penalty; negligence per se
Any company violating section 48:12-59 of this title shall be subject to a penalty of five hundred dollars and costs for each offense, to be recovered by any citizen of this state who may sue for the same in any court of competent jurisdiction. One-fifth of the fine shall go to the person suing for the same and four-fifths to the state treasurer for the use of the state.
In all suits or actions for injuries sustained by contact with an electrified third rail it shall be considered per se negligence on the part of the company defendant if the third rail is not protected in the manner provided in said section 48:12-59.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-61 - Authority of board of public utility commissioners; manner of elimination

48:12-61. Authority of board of public utility commissioners; manner of elimination
Whenever a public highway, other than a state highway and the tracks of a railroad, or of more than one railroad whose rights of way adjoin or are in such close proximity to each other as to be necessarily involved in one elimination project, cross each other at the same level, and it shall appear to the board of public utility commissioners that such crossing is or such crossings are dangerous to public safety or that public travel on such highway is impeded thereby, the board may order the company or companies operating the railroad or railroads, within such time as the board may fix, to alter such crossing or crossings, according to plans to be approved by the board.
Such alterations may be made:
a. By substituting a crossing or crossings not at grade by carrying the highway under or over the railroad or railroads or by reconstructing the railroad or railroads under or over the highway; or
b. By vacating, relocating or changing the lines, width, direction or location of the highway and the opening of a new highway in the place of the one vacated; or
c. Where, in the judgment of the board, the owners of public or private property will be unduly injured by the elimination of the crossings, by relocating the tracks of the railroad or railroads.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-62 - Division of expenses

48:12-62. Division of expenses
The railroad company or companies involved shall pay 15% and the board, out of funds to be provided for that purpose, shall pay 85% of the entire expense of such alterations, reconstructions, changes, relocation or opening, including damages to adjacent property and the cost of removing, relaying or relocating any municipal pipes, conduits or subways.
In lieu of the apportionment of expenses as set forth above, if the board finds that such alterations, reconstructions, changes, relocations or openings are necessary due to increased vehicular or pedestrian traffic within the limits of the municipality or county having jurisdiction over such public highways involved, the board may order such expenses to be paid as follows: 15% by the railroad company or companies involved, 15% by the municipality (or municipalities) or county (or counties) having jurisdiction over such public highways involved and 70% by the board.
The municipalities and counties involved are hereby authorized and empowered to make such payments.
Amended by L.1947, c. 178, p. 817, s. 1; L.1962, c. 198, s. 122.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-63 - Expense of change in or removal of public utility property or facilities; hearing

48:12-63. Expense of change in or removal of public utility property or facilities; hearing
Where the order of the board shall require changes in or the removal of the property or facilities of any other public utility, the public utility shall at its own expense move or change the location or grade of its property or facilities in conformity with such order; provided, that if funds are granted or allotted by the United States Government or any of its agencies, the board may, with the consent and approval of the Governor, allot and credit any or all of the funds so received toward the payment of the expenses to be borne by such utility or utilities. They shall be deemed parties in interest and be given notice of hearing and opportunity to be heard
Amended by L.1962, c. 198, s. 123.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-64 - Petition for removal of grade crossing; hearing; notice; determination

48:12-64. Petition for removal of grade crossing; hearing; notice; determination
Any railroad company or companies whose tracks cross or are crossed at grade by a public highway, or the body having charge of the finances of any municipality or county having jurisdiction over any such highway, may present to the board a petition in writing setting forth the facts upon which relief under sections 48:12-61 to 48:12-67 of this Title is sought, or the board may of its own motion proceed with respect to any such crossing or crossings.
Thereupon the board shall fix a time and place for a hearing before it and shall order the railroad or railroads to give such notice thereof as it shall deem reasonable to the municipality or county and to the corporations, copartnerships or individuals interested therein. After such hearing the board shall determine or order what, if any, alterations to or changes in or connected with the crossing or crossings and public highway shall be made.
Amended by L.1962, c. 198, s. 124.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-65 - Notice of hearing; publication; contents

48:12-65. Notice of hearing; publication; contents
The notice of time and place of hearing required by section 48:12-64 of this Title may, except as to the municipality or county and the railroad company or companies interested in the hearing, be given by publication of a notice in a newspaper circulating in the municipality in which the crossing or crossings to which such hearing relates may be located. The newspaper shall be designated by the board.
The publication shall be at such intervals and for such period of time as the board shall deem reasonable. It shall be directed generally "To whom it may concern," give notice of the time and place of hearing and describe generally the object of the hearing.
Amended by L.1962, c. 198, s. 125.