ASSEMBLY, No. 1131

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman MURPHY and Assemblyman DeCROCE

 

 

An Act concerning county roads and amending R.S.27:16-13, R.S.27:16-14, and R.S.27:26-15.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.27:16-13 is amended to read as follows:

    27:16-13. If a county road is in danger of being damaged or destroyed by tidewaters the board of chosen freeholders may by a [two-thirds] majority vote, acquire by gift, purchase or condemnation, lands and meadows adjacent to the road and maintain the banks along such lands and meadows for the protection and preservation of the road. If an income can be derived from any land so acquired it shall be paid to the county treasurer. Condemnation proceedings, when resorted to, shall be brought in accordance with the provisions of article 2 of this chapter (§27:16-42 et seq.).

(cf: R.S.27:16-13)

 

    2. R.S.27:16-14 is amended to read as follows:

    27:16-14. In lieu of acquiring lands and meadows under the provisions of section 27:16-13 of this title, the board may, by a [two-thirds] majority vote, contract with the owner, possessor or holder of adjacent lands and meadows to maintain the banks and ditches along, upon and over the adjacent lands or meadows for the protection of county roads. The amount agreed upon as the county's share for such maintenance shall be paid from the county funds appropriated for road maintenance.

(cf: R.S.27:16-14)

 

    3. R.S.27:16-15 is amended to read as follows:

    27:16-15. When a county road is not built and improved to its authorized or full width and in the judgment of the board of chosen freeholders it is desirable that it be so built and improved for the accommodation of public travel, the board may, upon the affirmative vote of [at least three-fourths] a majority of all its members, so build and improve it.

    If a street railway company has its rails laid on the road or any part thereof, the board may enter into an agreement with the company whereby the company, in consideration of the work being undertaken, will bear and pay a portion of the cost thereof. If the road is crossed by a steam railroad at grade the board may enter into an agreement with the railroad company owning or operating such steam railroad and the street railway company using the road, to change the grade of the road or tracks of the steam railroad and abolish the grade crossing, in the manner provided by law, and the funds for these purposes shall be raised by the board in the manner provided by section 27:16-19 of this title.

(cf: R.S.27:16-15)

 

    4. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would authorize a county board of freeholders to take action on certain maintenance, protection, preservation and widening matters relating to county roads upon a majority vote of the freeholders. Current statutes require either a two-thirds or three-fourths vote for such road improvements.

 

 

 

Amends approval requirements for certain county road matters.