New Jersey § 32:1-35

§ 32:1-35.

(a) Notwithstanding any contrary provision of law, every municipality in the Port

of New York District is authorized and empowered to consent to the use by the Port

Authority of any air terminal owned by such municipality or of any real or personal

property owned by such municipality and necessary, convenient or desirable in the

opinion of the Port Authority for air terminal purposes, including such real property

as has already been devoted to a public use, and as an incident to such consent, to

grant, convey, lease, or otherwise transfer to the Port Authority any such air terminal

or real or personal property, upon such terms as may be determined by the Port Authority

and such municipality. Every such municipality is also authorized and empowered as an incident to such

consent to vest in the Port Authority the control, operation, maintenance, rents,

tolls, charges and any and all other revenues of any air terminal now owned by such

municipality, the title to such air terminal remaining in such municipality. Such consent shall be given and the execution of any agreement, deed, lease, conveyance,

or other instrument evidencing such consent or given as an incident thereto shall

be authorized in the manner provided in Article XXII of the Compact of April thirtieth,

one thousand nine hundred and twenty-one, 1 between the two States creating the Port Authority. (b) Notwithstanding any contrary provision of law, every municipality outside the

Port District is authorized and empowered to consent to the use of real property owned

by such municipality and necessary, convenient or desirable in the opinion of the

Port Authority for beacons or other aids to navigation, or to the use of any air space

over real property owned by such municipality; and as an incident to such consent,

to grant, lease, convey or otherwise transfer to the Port Authority such real property

or air space. Such consent shall be given and the execution of any agreement, deed, lease, conveyance

or other instrument evidencing such consent or given as an incident thereto, shall

be given by the officer, board or body authorized by law to convey such property,

or if no officer, board or body be otherwise authorized so to do, by the governing

body of such municipality. (c) The States of New Jersey and New York hereby consent to suits, actions or proceedings

of any form or nature in law, equity or otherwise by any city or other municipality

against the Port Authority upon, in connection with or arising out of any such agreement,

agreements or any modification thereof or supplement thereto, for the following types

of relief and for such purposes only: (1) For money damages for breach thereof; (2) For money damages for torts arising out of the operation of the municipal air

terminal; (3) For rent; (4) For specific performance; (5) For reformation thereof; (6) For accounting; (7) For declaratory judgment; (8) For judgments, orders or decrees restraining or enjoining the Port Authority from

transferring title to real property to third persons in cases where it has contracted

with such city or other municipality to transfer such title to such city or municipality;

and (9) For judgments, orders or decrees restraining or enjoining the Port Authority from

committing or continuing to commit other breaches of such agreements with such city

or municipality; provided, that such judgment, order or decree shall not be entered

except upon two days' prior written notice to the Port Authority of the proposed entry

thereof and provided further, that upon an appeal taken by the Port Authority from

such judgment, order or decree the service of the notice of appeal shall perfect the

appeal and shall stay the execution of such judgment, order or decree appealed from,

without an undertaking or other security. When rules of venue are applicable, the venue of any such suit, action or proceeding

shall be laid in the county or judicial district in which the airport, which is the

subject matter of such agreement between the Port Authority and the city or other

municipality, or any part thereof, is located. If any clause, sentence, paragraph, or part of this subdivision or the application

thereof to any person or circumstances, shall, for any reason, be adjudged by a court

of competent jurisdiction to be invalid, such judgment shall not affect, impair, or

invalidate the remainder of this subdivision, and the application thereof to any other

person or circumstances, but shall be confined in its operation to the clause, sentence,

paragraph, or part thereof directly involved in the controversy in which such judgment

shall have been rendered and to the person or circumstances involved. 1

N.J.S.A. § 32:1-23.