8 Results for [("N.J.S.A. 48:3-17")]

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1 John Seals and Julia Seals v. County of Morris -- rank: 1000

... Jersey Bell Telephone Co. , 136 N.J. 582 (1994) or N.J.S.A. 48:3-17 .1, a n electric utility company is entitled to immunity ... 205 N.J. 269-70 (2011). HELD : Neither Contey nor N.J.S.A. 48:3-17 .1 confers immunity on the utility for its negligence, if ... utility company from its own negligence. (pp. 24-28) 3. N.J.S.A. 48:3-17.1 does not provide a separate basis for granting summary ... As further support for that conclusion, the panel pointed to N.J.S.A. 48:3-17.1, which presumes that a property owner consents to the ... the same spot for at least ten years. Ibid. Utilizing N.J.S.A. 48:3-17.1, the panel further reasoned that, given the County â ... L both pursuant to Contey as well as pursuant to N.J.S.A. 48:3-17.1. â€ť Id. at 89. In addressing the County ...

docket:	a-84-10
court:	New Jersey Supreme Court
decided:	2012-05-14
status:
citation:
Document Size:	675075

2 Norfolk Southern Railway Company v. Intermodal Properties, LLC -- rank: 868

... vested in public utilities and railroads: (1) the limitation in N.J.S.A. 48:3-17.7 that a public utilityâ€™s taking of private property ... HELD: Norfolk Southernâ€™s proposed use meets the requirement of N.J.S.A. 48:3-17.7 that the taking be â€śnot incompatible with the ... general needs or ordinary course of business require it. 1. N.J.S.A. 48:3-17.7 requires that a railroadâ€™s taking by eminent domain ... profit-making parking facility, is neither prior nor public. Finally, N.J.S.A. 48:3-17.7 focuses on the condemnorâ€™s proposed use and does ... and the manner in which they may do so. See N.J.S.A. 48:3-17.6 to -17.8. The second of these statutes applies ... it be â€śnot incompatible with the public interest[.]â€ť N.J.S.A. 48:3-17.7. Second, we are asked to consider whether the ...

docket:	A-117-11
court:	NJ Supreme Court
decided:	2013-08-06
status:
citation:
Document Size:	103479

3 JOHN SEALS v. COUNTY OF MORRIS -- rank: 722

... location of its utility pole. Finally, we also agree that N.J.S.A. 48:3-17.1 provided yet another basis upon which summary judgment should ... soil upon which such pole or poles have been placed[.]" N.J.S.A. 48:3-17.1. While the property on which Pole #617 is placed ... evidence for summary judgment purposes. Rule 4:46-2. Nonetheless, N.J.S.A. 48:3-17.1 only requires that a pole continue to exist for ... L both pursuant to Contey as well as pursuant to N.J.S.A. 48:3-17.1. III. The County, in its cross-appeal, urges that ... e)(1)(E). IV. To summarize, pursuant to Contey and N.J.S.A. 48:3-17.1, JCP&L owed no legal duty to plaintiff. Further ...

docket:	a5433-08
court:	superior court appellate division
decided:	2010-11-24
status:	published
citation:	417 N.J.Super. 74 8 A.3d 796
Document Size:	84750

4 NORFOLK SOUTHERN RAILWAY COMPANY v. INTERMODAL PROPERTIES L.L.C. -- rank: 719

... 2005, Norfolk filed a petition with the NJDOT pursuant to N.J.S.A. 48:3-17.6 and N.J.S.A. 48:12-35.1 ... property through the exercise of the power of eminent domain. N.J.S.A. 48:3-17.6 provides that railroads and other public utilities may take or acquire property by condemnation. N.J.S.A. 48:3-17.7 states that a public utility may not exercise this ... Norfolk had established all of the criteria for condemnation under N.J.S.A. 48:3-17.7 and N.J.S.A. 48:12-35.1 ... was "not incompatible with the public interest," as required by N.J.S.A. 48:3-17.7. "Appellate review of an agency's determination is limited ... conferred upon them the power to take property by condemnation. N.J.S.A. 48:3-17.6. Furthermore, at the time Norfolk filed its petition, ...

docket:	a3353-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-09
status:	published
citation:	424 N.J. Super. 106 35 A.3d 726
Document Size:	51948

5 IN THE MATTER PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 700

... RIGHT TO EXERCISE THE POWER OF EMINENT DOMAIN PURSUANT TO N.J.S.A. 48:3-17.6 AFFECTING LAND OF THE KUSHNER COMPANIES, INC. AND BARNEGAT ... BPU) that granted Atlantic City Electric Company (ACE) permission, under N.J.S.A. 48:3-17.6 and 48:3-17.7, to exercise the right ... particular properties the utility deems are needed for its project, N.J.S.A. 48:3-17.6 permits a taking, "subject to the restrictions as provided hereinafter." In this respect, N.J.S.A. 48:3-17.7 provides: The power of condemnation shall not be used ... the process by filing petitions with the BPU, pursuant to N.J.S.A. 48:3-17.6 and 48:3-17.7, seeking permission to exercise ...

docket:	a6073-03
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	119314

6 IN THE MATTER PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 700

docket:	a6069-03
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	119315

7 IN THE MATTER OF THE NEW JERSEY MEADOWLANDS COMMISSION RESOLUTION NO. 08-30 -- rank: 423

... Transportation (DOT) "for approval to condemn [the] property pursuant to N.J.S.A. 48:3-17.6 and 48:12-35.1." On July 21, 2006 ...

docket:	a4697-07
court:	superior court appellate division
decided:	2009-07-06
status:	unpublished
citation:
Document Size:	26724

8 QUINISHA WHITE v. CITY OF NEW BRUNSWICK -- rank: 417

... 159 N.J. Super. 44, 49-50 (1978); see also N.J.S.A. 48:3-17.2. A presumption exists that, absent evidence to the contrary ...

docket:	a1111-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-02
status:	Unpublished
citation:
Document Size:	21068