New Jersey § 32:1-132

§ 32:1-132.

If for any of the purposes of this act (including temporary construction purposes,

and the making of additions or improvements to bridges or tunnels already constructed),

the Port Authority shall find it necessary or convenient to acquire any real property

as herein defined, whether for immediate or future use, the Port Authority may find

and determine that such property, whether a fee simple absolute or a lesser interest,

is required for a public use, and upon such determination, the said property shall

be and shall be deemed to be required for such public use until otherwise determined

by the Port Authority; and with the exceptions hereinafter specifically noted, the

said determination shall not be affected by the fact that such property has theretofore

been taken for, or is then devoted to, a public use; but the public use in the hands

or under the control of the Port Authority shall be deemed superior to the public

use in the hands of any other person, association or corporation. The Port Authority may acquire and is hereby authorized to acquire such property,

whether a fee simple absolute or a lesser interest by condemnation or the exercise

of the right of eminent domain under and pursuant to the provisions of the condemnation

law of the State of New York, in the case of property located in such State, and Revised

Statutes of New Jersey, Title 20:1-1 et seq., 1 in the case of property located in such State, or at the option of the Port Authority

as provided in section 15 of chapter 43 of the laws of New Jersey, 1947, 2 as amended, for the condemnation of real property for air terminal purposes, in the

case of property located in such State, and as provided in section 15 of chapter 802

of the laws of New York, 1947, 3 as amended, for the condemnation of real property for air terminal purposes, in the

case of property located in such State, or pursuant to such other and alternate procedure

as may be provided by law. Where a person entitled to an award in the proceedings to condemn any real property

for any of the purposes of this act, remains in possession of such property after

the time of vesting of title in the Port Authority, the reasonable value of his use

and occupancy of such property subsequent to such time, as fixed by agreement or by

the court in such proceedings or by any court of competent jurisdiction, shall be

a lien against such award, subject only to liens of record at the time of the vesting

of title in the Port Authority. Nothing herein contained shall be construed to prohibit the Port Authority from bringing

any proceedings to remove a cloud on title or such other proceedings as it may, in

its discretion, deem proper and necessary, or from acquiring any such property by

negotiation or purchase. 1

Repealed; see, now, N.J.S.A. § 20:3-1 et seq. 2

N.J.S.A. § 32:1-35.15. 3

See McKinney's Unconsol.Laws, § 6645 (repealed 1977).