NEW JERSEY. CONTENTS. Page. Eminent domain---. Pipe-line companies-Rights of way-Power to acquire_-.-. 173 173 173 Gas, oil, and pipe-line companies-Schedule-License tax 176 EMINENT DOMAIN. PIPE-LINE COMPANIES-RIGHTS OF WAY-POWER TO ACQUIRE. PIPE-LINE COMPANIES-RIGHTS OF WAY-POWER TO ACQUIRE. LAWS 1918, P. 502. MARCH 1, 1918. CHAPTER 170. AN ACT to authorize pipe-line companies, associations and corporations, not having power to take land or other property necessary for public use for right of way, to exercise such power. Be it enacted, etc.: 1. Pipe-line companies, associations and corporations not having power to take land or other property necessary for public use for right of way, shall be and hereby are authorized to acquire land and other property necessary for public use for right of way, in the manner and under the terms, limitations and restrictions prescribed by an act entitled "An act to regulate the ascertainment and payment of compensation for property condemned or taken for publie use (revision of 1900)," and the amendments thereof and supplements thereto. 2. Nothing herein contained shall be construed to repeal, limit or affect an act entitled "An act to establish a State water supply commission, and to define its powers and duties, and the conditions under which waters of this State may be diverted," approved June 17th, 1907, or any amendment thereof or supplement thereto, and this act shall take effect immediately. LAYING PIPES UNDER STREAMS AND WATERS. COMPILED STATUTES 1709-1910, VOL. 3, P. 3941. AN ACT to regulate the constructing and maintaining, across the fresh-water streams of this State, of pipe lines through which petroleum is conveyed, and to place such pipe lines under the control of the State commissioners of water supply. (P. L. 1884, p. 293.) 5. Definition of term " pipe line." SEC. 1. That the term "pipe line" wherever used in this act, shall mean any conduit through which petroleum or any of its products is conveyed or intended so to be. (P. L. 1884, p. 293.) 6. Construction across fresh-water streams. SEC. 2. That hereafter it shall not be lawful to construct any pipe line across any fresh-water streams in this State except in the manner to be approved by the State commissioners of water supply. (P. L. 1884, p. 294.) 7. Reconstruction. SEC. 3. That if any pipe line now existing or hereafter constructed is or shall be so constructed that there is danger of the escape of its contents into any of the fresh-water streams of this State, it shall be reconstructed or removed in accordance with the provisions of this act. (P. L. 1884, p. 294.) 8. Commissioners of water supply to give notice of hearing. SEC. 4. That whenever the said commissioners shall be of the opinion that any pipe line now existing, or hereafter constructed, is so constructed that there is danger of the escape of its contents into any of the fresh-water streams, springs, rivers, or the tributaries thereof, or in the waters of any lake, pond, storage reservoir or conduit from which water is drawn, of this State, they shall give notice in writing of such opinion to the owners or users of such pipe line, specifying the location and extent of the portion of such pipe line which, in their opinion, is so constructed, and naming a time and place to hear such owners or users on the subject; if either of such owners or users be a corporation, such notice may be served on any of its officers, agents or servants. 1884, p. 294.) 9. Notice of decision. (P. L. SEC. 5. That if, after having afforded the owners or users of such pipe line an opportunity to be heard, on such notice, said commissioners shall decide that the portion of such pipe line, specified in such notice, is so constructed that there is danger of the escape of its contents into any of the fresh-water streams of this State, or into the springs, rivers, or the tributaries thereof, or in the waters of any lake, pond, storage reservoirs, or conduit from which water is drawn, they shall give like notice of such decision. (P. L. 1884, p. 294.) 10. Specifications for reconstruction. SEC. 6. That within fifteen days after such service of notice of such decision, the owners or users of such pipe line shall submit to said commissioners written specifications for the reconstruction of the portion of such pipe line specified in such decision; the said commissioners shall thereupon give like notice to such owners or users of approval of such specifications, or if they do not approve the same, then they shall specify by like notice the manner of reconstruction thereof, which they do approve, and said portion of said pipe line shall thereupon be reconstructed by the owners or users thereof, at their own expense, in the manner approved by said commissioners. 1884, p. 294.) 11. Removal of pipe line. (P. L. SEC. 7. That if the reconstruction, in the manner approvad by said commissioners of the portion of such pipe line specified in their decision, shall not be begun within thirty days after service of the last-named notice, and continued with such dispatch as to the said commissioners shall appear reasonable, then it shall be the duty of the said commissioners to remove, or cause the removal, of the portion of such pipe line specified in their decision, or any part thereof, and the cost and expense of such removal shall be recoverable at law in any court of competent jurisdiction, by the said commissioners, in the name of the State of New Jersey, from the owners or users of such pipe line. (P. L. 1885, p. 295.) 12. Authority to enter on lands for purpose of removing pipe line. SEC. 8. That in such case said commissioners are hereby authorized to enter upon any lands, bridges or structures for the purpose of removing any part of the portion of such pipe line specified in their decision, and shall not be liable for any damage done to said lands, bridges or structures by such removal, nor for any damage resulting from such removal, but the same shall be recoverable at law in any court of competent jurisdiction, from the owners or users of such pipe line. (P. L. 1884, p. 295.) 14. Penalty for failure to reconstruct as approved by commissioners; notice; damages. SEC. 10. That if any pipe line shall hereafter be constructed or maintained across any fresh-water stream in this State, except in the manner approved by the State commissioners of water supply, the owners or users so constructing or maintaining the same shall be liable to a penalty of five hundred dollars for each day they shall delay reconstructing the same, as shall be or shall have been approved by the said commissioners, according to the provisions of this act, which shall be recoverable at law in any court of competent jurisdiction, by the said commissioners, in the name of the State of New Jersey, from the owners or users of such pipe line; provided, however, that the owners of pipe lines now constructed shall not be liable to this penalty until after due notice and hearing, as provided in this act; and provided further, that nothing shall be so construed in this act as to relieve the owners or users of pipe lines from liability for damages which may ensue by reason of breakage or leakage, notwithstanding said pipes were constructed according to the direction and with the approval of the State commissioners of water supply. (P. L. 1884, p. 296.) 15. State commissioners of water supply defined. SEC. 11. That the State commissioners of water supply, referred to in the title and body of this act, are the commissioners appointed under chapter 189, laws 1882, and their successors however appointed or designated. (P. L. 1884, p. 296.) COMPILED STATUTES 1709-1910, VOL. 4, P. 4399. 46. Laying pipes under tidal waters; consent of governor and commissioners required. SEC. 1. It shall be unlawful for any person or corporation to lay any pipe or pipes on any of the lands of the State lying under tidal waters without the consent or permission of the governor and the board of riparian commissioners of this State first had and obtained in writing; provided, that nothing in this act contained shall be construed to apply to lands under the waters of the Atlantic Ocean. (P. L. 1910, p. 154.) PUBLIC UTILITIES. GAS AND PIPE LINE COMPANIES-REGULATIONS. COMPILED STATUTES 1709-1910, VOL. 3, P. 4283. AN ACT to create a board of public utility commissioners for the State of New 165. Number; appointment. SEC. 1. The governor, with the advice and consent of the Senate, shall appoint three persons, citizens of this State, not under thirty years of age, who shall constitute and be a board of railroad commissioners, invested with the powers and duties hereinafter specified. * * 181. Jurisdiction of board over public utilities. SEC. 4. The jurisdiction of said board is hereby extended to and over all public utilities, which term is herein defined to include every pipe * * * line, gas, * corporation, association, or joint stock company, operating within the State of New Jersey for public use, under privileges granted by the State or by any municipality thereof. (P. L. 1910, p. 56.) 182. Supervision over public utilities; enforcement of laws. SEC. 5. Said commission shall have general supervision over all public utilities as herein defined, and shall have power, after hearing upon notice, by order in writing: (a) To require every public utility as herein defined to comply with the laws of this State relating thereto, and to perform the public duties imposed upon it thereby. (b) To require every public utility, as herein defined, to furnish safe and adequate service. (c) To require every public utility, as herein defined, to keep its books, records and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end to require every such public utility of the same class to adopt a uniform system of accounting. (d) To direct any public utility, as herein defined, found to be granting rebates, or other unjust, unfair, and unreasonable discriminations to immediately cease therefrom. Said commission shall also have power to investigate any accident happening in connection with the operation of any public utility, as herein defined; to hear and examine complaints concerning rates charged by any public utility, and to make such recommendations as it may see fit concerning accidents and rates. In furtherance of the foregoing powers, said commission shall also have power to compel the attendance of witnesses and the production of papers, accounts and documents, to swear witnesses and issue subpoenas, all in the manner provided in the act to which this is an amendment and supplement. (P. L. 1910, p. 57.) * 185. Approval of local grants of franchises. SEC. 8. No privilege or franchise hereafter granted to any public utility, as herein defined, by any local, municipal or county governing body shall be valid until approved by said board, whenever it shall, after due hearing, determine that such privilege or franchise is necessary and proper for the public convenience. (P. L. 1910, p. 58.) SEC. 10. Nothing in this act shall be held to modify or repeal any of the provisions of the act to which this is an amendment and supplement, except in so far as such provisions are inconsistent with this act. (P. L. 1910, p. 59.) TAXATION. GAS, OIL, AND PIPE LINE COMPANIES- -SCHEDULE-LICENSE TAX. COMPILED LAWS 1709-1910, VOL. 4, P. 5286. AN ACT to provide for the imposition of State taxes upon certain corporations and for the collection thereof. (P. L. 1884, p. 232.) 501. Certain corporations to pay annual tax to State as license. * * * * * SEC. 1. That every * * oil or pipe line company, gas shall pay an annual tax, for the use of the State, by way of a license for its corporate franchise, as hereinafter mentioned. * * (P. L. 1884, p. 232, as amended P. L. 1892, p. 136.) * 502. Officers of corporations to make annual report to State board of assessors-Statement. SEC. 2. That on or before the first Tuesday of May next, and annually thereafter, it shall be the duty of the president, treasurer or other proper officer of every corporation of the character specified in the preceding section, to make report to the State board of assessors, appointed and to be appointed under the act entitled "An act for the taxation of railroad and canal property," stating specifically the following particulars, namely each * * oil or pipe line company engaged in the transportation of oil or crude petroleum shall state the gross amount of its receipts from the transportation of oil or petroleum through its pipes or in and by its tanks or cars in this State during the same time. (P. L. 1884, p. 233, as amended P. L. 1892, p. 136.) * * * * * 504. Amount of tax to be paid-Exception of specified corporations. SEC. 4. That * * * each oil or pipe line company shall pay to the State an annual license fee or franchise tax at the rate of eight-tenths of one per centum upon the gross amount of its receipts so returned or ascertained. * If any oil or pipe line company has part of its transportation line in this State and part thereof in another State or States, such company shall return a statement of its gross receipts for transportation of oil or petroleum over its whole line, together with a statement of the whole length of its line and the length of its line in this State; such company shall pay an annual license fee or franchise tax to the State at the aforesaid rate upon such proportion of its said gross receipts as the length of its line in this State bears to the whole length of its line. (P. L. 1884, p. 234, as amended P. L. 1891, p. 150, and P. L. 1882, |