New Jersey § 13:12-28

§ 13:12-28.

The money heretofore paid or to be paid to the state of New Jersey by the Lehigh Valley

Railroad Company by the terms of the agreement dated the twenty-ninth day of November,

one thousand nine hundred and twenty-two, between Frank H. Sommer, Louis Focht and

Edward L. Young, commissioners acting on behalf of the state of New Jersey pursuant

to the act mentioned in section 13:12-3 of this title, and the canal and banking company and the Lehigh Valley Railroad Company,

together with so much of the interest thereon payable by such railroad company as

has not been heretofore otherwise appropriated and also all rents and other income

from the property, the title to which is vested in the canal and banking company in

trust for the state of New Jersey, and also all moneys received as the purchase price

of any such property sold, and all moneys received upon the granting of any consent

to the diversion of water, and also any unexpended balance of the rents and other

income from such property received during the fiscal year ending June thirtieth, nineteen

hundred and twenty-four, and heretofore appropriated to the department of conservation

and development 1 by the act approved March twenty-third, one thousand nine hundred and twenty-three,

known as chapter 165 of the laws of 1923, shall constitute a special fund to be known

as the “canal fund”. The entire cost of the dismantling of that part of the property, the title to which

is vested in the canal and banking company in trust for the state of New Jersey, heretofore

maintained as a means of water transportation, including the removal of highway and

road bridges heretofore maintained by the canal company and the refilling of the canal

bed at these points and the drainage of the canal upon the abandonment of navigation

upon the canal and the entire cost of the management and control of the property,

the title to which is vested in the canal and banking company in trust for the state

of New Jersey, shall be paid from such fund and shall be a first charge thereon, and

there is hereby appropriated from such fund, in such amounts as shall be included

in any annual or supplemental appropriation bill, so much of such fund as may be necessary

promptly to accomplish the work aforesaid. The balance of such fund after all expenses of dismantling the canal and of managing

and controlling such property have been met shall be available, up to eight hundred

and seventy-five thousand dollars, for the purpose of acquiring rights of way for

the New Jersey ship canal or for such other purposes as the legislature may determine,

but nothing in this section shall in any way be construed to interfere with the provisions

of the act entitled “An act appropriating to the board of commerce and navigation

for the acquisition of rights of way for the New Jersey ship canal, the moneys heretofore

realized and hereafter to be derived, pursuant to the terms of the contract between

the commissioners acting for the state of New Jersey and the Morris Canal and Banking

Company and the Lehigh Valley Railroad Company, which said contract was made pursuant

to the provisions of an act entitled ‘An act to authorize the acquisition by the state

of the Morris canal (as defined in this act) in whole or in part and all the stock

of the Morris Canal and Banking Company and the rights of all stockholders in said

company, and in said canal property, and water rights, and all or in part of the right,

title and interest of the Lehigh Valley Railroad Company in said canal property and

water rights by virtue of its lease of said canal from the Morris Canal and Banking

Company, or otherwise; to provide for a commission authorized to negotiate and agree

upon terms of settlement with the Morris Canal and Banking Company and the Lehigh

Valley Railroad Company, in relation to the said canal property and water rights,

and to vest in said commission certain powers necessary for carrying out the terms

of settlement and to make such other provisions as may be necessary to effectuate

the objects aforesaid,’ ” approved March eleventh, one thousand nine hundred and twenty-two,

approved March twenty-first, one thousand nine hundred and twenty-three. 1

Now Department of Environmental Protection.