N.J. Stat. tit. 48, ch. 6

in effect

N.J. Stat. § 48:6-14 Powers in general

Every canal company organized under this Title shall have power: I. To enter upon all lands or waters to explore, survey and locate the route of the proposed canal, doing no unnecessary injury to private or other property, and subject to responsibility for all damages which shall be done thereto; II. To purchase, hold and use all such real estate and other property as may be necessary in the construction, operation and maintenance of the canal, necessary for the full and free enjoyment of the canal; III. Upon depositing in the office of the Secretary of State a survey of the route of the proposed canal, to construct, maintain and operate a canal between the points named in the certificate of incorporation; IV. To use and let others use the canal and to charge tolls; V. To demand and receive such sums of money for the transportation of persons and property and for any other services in connection therewith, in accordance with its filed tariff as approved by the Board of Public Utility Commissioners; VI. To have constructed or to purchase all boats, machinery and other property necessary for the carrying on of its business; and VII. To do any other act necessary for the full and free use and enjoyment by any canal company of the franchises hereby granted. Amended by L.1962, c. 198, s. 91.

N.J. Stat. § 48:6-15.1 Condemnation; authority; restrictions; payment of damages

Every canal utility may take and condemn pursuant to sections 48 and 49 hereof, such lands, waters and streams as may be necessary for the construction and operation of a canal. No property used by any canal in operation shall be taken, nor shall any canal be interfered with, unless the consent of the utility operating the canal shall be first obtained. The payment or tender of payment of all damages for the occupancy of all lands, whether covered by water or not, shall be made before the utility shall enter upon the premises, except for the purpose of surveying and locating the canal, unless the consent of the owner of the land be first obtained. L.1962, c. 198, s. 50.

N.J. Stat. § 48:6-16 Width of canal

No canal constructed pursuant to the provisions of this chapter shall exceed two hundred and fifty feet in width unless more land is required for the slopes of cuts and embankments.

N.J. Stat. § 48:6-17 Borrowing money and issuing bonds secured by mortgage

Every canal company organized under this Title may borrow such sums of money from time to time, not to exceed in the whole its paid up capital stock, as may be necessary to construct and repair the canal and the works on lands adjacent thereto. To secure repayment thereof it may issue bonds secured by a mortgage on its property and franchises provided. The bonds shall constitute a lien on the property and franchises of the company and the proceeds of the bonds shall be used for the purposes above specified. Amended by L.1962, c. 198, s. 92.

N.J. Stat. § 48:6-18 Extension of time for completing works

Any canal company created by virtue of any law of this state may extend the time limited in its charter for the completion of its works for a period not exceeding ten years, upon filing in the office of the secretary of state a certificate under its common seal, signed by its presiding officer, declaring its desire for such extension of time.

N.J. Stat. § 48:6-19 Bridges and passageways over canal

Every canal company organized under this Title shall construct and properly maintain adequate bridges and passages over or under the canal at all places where any road or highway shall cross the canal. Where the canal intersects any farm lands of any individual, the company shall provide and keep in repair suitable passageways over or under the canal. The canal company may refuse to build bridges to connect any such farm lands, in which event a judge of the Superior Court may appoint commissioners to assess the damages to the owner of the land as provided in chapter 1 of the Title Eminent Domain (s. 20:1-1 et seq.). Amended by L.1962, c. 198, s. 93.

N.J. Stat. § 48:6-20 Highways may cross over or under canal

Whenever the route of the canal shall cross a highway, the canal company may carry the highway over or under the canal, as may be found most expedient.

N.J. Stat. § 48:6-21 Contracts for transporting goods and passengers

Every canal company organized under this Title may make contracts with any person for transporting or conveying goods, freight and passengers in accordance with its filed tariffs. Amended by L.1962, c. 198, s. 94.

N.J. Stat. § 48:6-22 Abandonment of feeder in municipality; bridges and viaducts

Whenever the governing body of a municipality in which a canal feeder or part thereof is located, and the board of directors of the company owning or operating the feeder, shall respectively by resolution declare that the further maintenance of the feeder or part thereof in a condition suitable for navigation is unnecessary, they may from time to time contract with each other for the erection and maintenance of bridges or viaducts for the passing of streets over the feeder and also for the use for any public purpose of such portion of the towpath or other real estate as is no longer necessary for the purposes of the feeder. Upon filing in the office of the secretary of state of copies of such resolutions duly attested, any obligation previously existing on the part of the canal company to maintain such feeder or part thereof in a navigable condition shall be at an end and the navigation of the feeder shall be abandoned. The title of the company to such feeder, its towpath and other real estate and appurtenances, and its right to use the same for other purposes than navigation shall not be thereby affected.

N.J. Stat. § 48:6-23 Canal not authorized in city

The provisions of this chapter shall not be construed as authorizing the construction of any canal within the limits of an incorporated city.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026