New Jersey § 32:13a-6

§ 32:13a-6.

If, for any of the purposes authorized by this chapter, the commission shall find

it necessary or convenient to acquire any real property in the state of New Jersey,

whether for immediate or future use, the commission may find and determine that such

property, whether a fee simple absolute or a lesser interest, is required for public

use, and, upon such determination, such property shall be deemed to be required for

a public use until otherwise determined by the commission. If the commission shall be unable to agree with the owner or owners thereof upon

terms for the acquisition of any such real property in the state of New Jersey for

any reason whatsoever, or if the owner or owners shall be legally incapacitated or

be absent or be unable to convey valid title or are unknown, then the commission 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, either under and pursuant to the provisions of chapter 1 of the title Eminent

Domain ( § 20:1-1 et seq. ), or under and pursuant to the provisions of chapter 2 of the title Eminent Domain

( § 20:2-1 et seq. ). 1 The power of the commission to acquire real property by condemnation or the exercise

of the power of eminent domain in the state of New Jersey shall be a continuing power

and no exercise thereof shall be deemed to exhaust it. The commission and its duly authorized agents and employees may enter upon any land

in the state of New Jersey in advance of the filing of a petition for the acquisition

of the same by condemnation, for the purpose of making such surveys, maps or other

examinations thereof as it may deem necessary or convenient for its authorized purposes. Anything to the contrary contained in this chapter notwithstanding, no property now

or hereafter vested in or held by any county, city, borough, village, township or

other municipality or port district shall be taken by the commission without the consent

of such municipality or port district. All counties, cities, boroughs, villages, townships and other municipalities and

all public agencies and commissions of the state of New Jersey, notwithstanding any

contrary provisions of law, are hereby authorized and empowered to grant and convey

to the commission upon its request, but not otherwise, for an adequate consideration

upon reasonable terms and conditions, any real property which may be necessary or

convenient to the effectuation of its authorized purposes, including real property

already devoted to public use. The term “real property” as used in this chapter includes lands, structures, franchises,

and interests in land, including lands under water and riparian rights, and any and

all things and rights usually included within the said term, and includes not only

fee simple absolute but also any and all lesser interests such as easements, rights

of way, uses, leases, licenses and all other incorporeal hereditaments, and every

estate, interest or right, legal or equitable, including terms of years and liens

thereon by way of judgments, mortgages, or otherwise, and also claims for damage to

real estate. Neither the commission nor the county shall be under any obligation to accept and

pay for any property condemned or any costs incidental to any condemnation proceedings,

and shall, in no event, pay for the same except from the funds provided by this chapter;

and in any condemnation proceedings, the court having jurisdiction of the suit, action

or proceeding, may make such orders as may be just to the commission or to the county

and to the owners of the property to be condemned, and may require an undertaking

or other security to secure such owners against any loss or damage to be sustained

by reason of the failure of the commission to accept and pay for the property, but

such undertaking or security shall impose no liability upon the county or upon the

commission, except such as may be paid from the funds provided under the authority

of this chapter. 1

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