Brooklyn, NY asked in Constitutional Law for New Jersey

Q: under New Jersey State Constitution , Article I Rights and Privileges question (details in more information) thanks

under New Jersey State Constitution , Article I

Rights and Privileges"All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness." does this give a property owner the right to protect their property and refuse a water public utility from installing a potentially hazardous battery operated water meter?

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James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The New Jersey State Constitution, under Article I, indeed outlines the broad rights and privileges that protect individuals' freedoms, including the right to own and protect property. However, interpreting these rights in specific contexts, like refusing the installation of utility equipment, often involves considering other laws and regulations, including those related to public health and safety, utility services, and environmental protection.

While property owners have significant rights to protect their property, these rights are not absolute and can be subject to certain regulations and requirements deemed necessary for the public good. This includes utility installations, which are often regulated by state and local laws that may require property owners to allow certain installations for the wider community's benefit. The balance between individual property rights and public interest is a complex legal area that frequently requires legal interpretation and adjudication.

If you're concerned about the potential hazards of a battery-operated water meter installation, it's advisable to express your concerns to the utility company and seek more information about the safety measures and regulations governing these installations. Additionally, consulting with a legal professional can provide clarity on your rights and options in this specific context. They can offer guidance on how to address your concerns while complying with applicable laws and regulations.

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