20:3-46 - Sidewalks; lands condemned for highways to include; condemnation of lands for sidewalks - New Jersey Statutes

20:3-46.  Sidewalks;  lands condemned for highways to include; condemnation  of lands for sidewalks
    Unless otherwise particularly specified in the resolution, map, complaint and other proceedings for the acquiring of land or rights-of-way, or both, for public highways in the manner set forth in this act the boundary lines of the said road and highways, or portion thereof so taken and acquired, shall include  within the boundaries thereof all land necessary and desired for the locating  of sidewalks or other space then needed, or thereafter to be utilized as  sidewalk, and whether the same shall then or thereafter be intended to be paved  for use by pedestrians as sidewalks.

    All land lying outside of and adjoining the outer boundary lines of any public road or highway, the boundaries of which have been established according  to law prior to April 28, 1931, and which lands or the use thereof shall be  required for the purpose of laying out, grading and constructing sidewalks for  the use of pedestrians, shall be taken, acquired and occupied from and as  against the rightful owner thereof, only in accordance with this act and upon  paying compensation therefor, to be fixed and determined in the manner  prescribed by this act.

    Nothing in this section shall limit or impair or deprive any municipality or  county of the right to ordain or order the grading and the construction of a  paved surface for any sidewalk above referred to, and the assessing of the proportionate cost thereof, against the owner of the property thereby improved as a local public improvement in the manner now provided by law.

     L.1971, c. 361, s. 46.