New Jersey § 13:12-16

§ 13:12-16.

The canal and banking company is hereby authorized to transfer to the respective municipalities

through which the canal passes the portions of the canal situated within their respective

boundaries or to the Port of New York Authority, exclusive of the rights and property

to be retained for public use as provided in section 13:12-4 of this title, upon the passage by the respective municipalities or by the Port of

New York Authority, on or before the first day of January, one thousand nine hundred

and thirty-one, of resolution expressing the desire of such municipalities or the

Port of New York Authority to acquire such portions of the canal and setting forth

the purposes to which such municipalities or the Port of New York Authority intend

to devote such property when so acquired. Upon the submission of any such resolution the canal and banking company is authorized

to negotiate with such municipality or the Port of New York Authority the terms upon

which such property will be transferred to such municipality, and in determining the

compensation, if any, to be paid by such municipality or the Port of New York Authority

for such property the canal and banking company shall take into consideration the

conditions of the canal in such municipality and the effect thereof upon such municipality

and the adjoining property and also the nature of the use to which such property is

to be devoted and the estimated cost of adapting the property to such new use. After the conclusion of such negotiations the canal and banking company shall, subject

to the approval of the governor, determine the terms upon which such transfer shall

be made and the price, if any, which in its judgment, regard being had to the considerations

above set forth, is a fair price for such municipality or Port of New York Authority

to pay; such determination, whether in the case of a municipality or the Port of

New York Authority, or of a county as provided in section 13:12-15 of this title, shall be subject to review by the board of public utility commissioners

of the state of New Jersey, which is hereby directed and empowered to grant such review

on the application either of such municipality or the Port of New York Authority or

county or of the canal and banking company; and upon such review, such board shall

have power to determine the fairness of the terms and compensation determined upon

by the canal and banking company, and in the event that such board finds said terms

or compensation unfair to fix the terms and compensation deemed by it to be fair. The terms and compensation so fixed shall be the terms and compensation for which

such property shall be transferred to such municipality or to the Port of New York

Authority, unless such municipality or the Port of New York Authority shall, within

thirty days thereafter, determine not to proceed with the acquisition of such property

and shall pay the costs of such proceeding. Upon the purchase as herein above provided by any municipality, or the Port of New

York Authority, county or counties of any such property for any such public use or

uses, the property so purchased shall be applied to such public use or uses, or some

of them, and such public use or uses shall supersede any other or different public

use to which such property may have been heretofore dedicated; but upon the acquisition

of any such property by the Port of New York Authority it shall be devoted to no use

other than the uses contemplated by the contract between the states of New York and

New Jersey under which the Port of New York Authority is created.