48:3-17.10 - Notice to landowner before entry - New Jersey Statutes

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.