40:68A-54 - Construction or operation of port system; additional powers; relocation of facilities - New Jersey Statutes

40:68A-54.  Construction or operation of port system;  additional powers; relocation of facilities
    In addition to other powers conferred by this act or by any other law, and not in limitation thereof, every municipal port authority, in connection with construction or operation of any part of a port system, shall have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or any other equipment and appliances (herein called  "facilities" ) of any public utility as defined in section 48:2-13 of the Revised Statutes, in, on, along, over or under any real property of the municipal port authority. Whenever in connection with construction or operation of any part of a port system, any municipal port authority shall determine that it is necessary that any such facilities, which now are, or hereafter may be, located in, on, along, over or under any such real property, should be relocated in such real property, or should be removed therefrom, the public utility owning or operating such facilities shall relocate or remove the  same in accordance with the order of the municipal port authority, provided, however, that the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location, or new locations, and  the cost of any lands or any rights or interest in lands, or any other rights  acquired to accomplish such relocation or removal, less the cost of any lands  or any rights or interests in lands or any other rights of the public utility  paid to the public utility in connection with the relocation or removal of such  property, shall be paid by the municipal port authority and may be included in  the cost of such port system.  In case of any such relocation or removal of  facilities, as aforesaid, the public utility owning or operating the same, its  successors or assigns, may maintain and operate such facilities, with the  necessary appurtenances, in the new location or new locations for as long a  period, and upon the same terms and conditions, as it had the right to maintain  and operate such facilities in their former location.

     L.1960, c. 192, p. 826, s. 26, eff. Feb. 15, 1961.