New Jersey § 32:3-13

§ 32:3-13.

ARTICLE XII-B. (1) In addition to other public purposes provided for it and other powers and duties

conferred upon it, and not in limitation thereof, and notwithstanding the provisions

of any other article hereof, the commission shall have among its authorized purposes,

and it shall have the power to effectuate, the construction, operation and maintenance

of a bridge for vehicular traffic across the Delaware river, between a point or points

in the township of Logan, New Jersey, and a point or points in the city of Chester,

Pennsylvania, including approaches thereto. (2) In addition to other public purposes provided for it and other powers and duties

conferred upon it, and not in limitation thereof, and notwithstanding the provisions

of any other article hereof, the commission shall have among its authorized purposes,

and it shall have the power to effectuate, the establishment, rehabilitation, equipment,

construction, maintenance and operation of ferries for passengers and vehicular traffic

over and across the Delaware river within the Port District between the Commonwealth

of Pennsylvania and the State of New Jersey. Such ferries may be established either directly by purchase, lease or contract,

or by lease or agreement with any other public or private body or corporation, or

in any other manner, and may be established by utilizing any existing ferries within

the Port District across the Delaware river between said Commonwealth and said State

and by the construction or provision of new facilities where deemed necessary. Any such ferry may include such approach highways and interests in land or other

property necessary therefor in the Commonwealth of Pennsylvania or the State of New

Jersey as may be determined by the commission to be necessary to facilitate the flow

of traffic in the vicinity of any such ferry or to connect any such ferry with the

highway system or other traffic facilities in said Commonwealth or said State. (3)(a) For the effectuation of any of its purposes authorized by this article, the

commission is hereby granted, in addition to any other powers heretofore or hereafter

granted to it, power and authority to acquire in its name by purchase or otherwise,

on such terms and conditions and in such manner as it may deem proper, or by the exercise

of the power of eminent domain any such land and other property which it may determine

is reasonably necessary to acquire for any of its purposes authorized by this article

and any and all rights, title and interest in such land and other property, including

public lands, parks, playgrounds, reservations, highways, or parkways, owned by or

in which any county, city, borough, town, township, village, or other political subdivision

of the State of New Jersey or the Commonwealth of Pennsylvania has any right, title

or interest, or parts thereof or rights therein and any fee simple absolute or any

lesser interest in private property, and any fee simple absolute in, easements upon,

or the benefit of restrictions upon, abutting property to preserve and protect such

land and other property. Upon the exercise of the power of eminent domain under this paragraph, the compensation

to be paid with regard to property located in the State of New Jersey shall be ascertained

and paid in the manner provided in Title 20 of the Revised Statutes of New Jersey

insofar as the provisions thereof are applicable and not inconsistent with the provisions

contained in this paragraph, and with regard to property located in the Commonwealth

of Pennsylvania shall be ascertained and paid in the manner provided by the act approved

July 9, 1919 (Pamphlet Laws 814) and acts amendatory thereof and supplementary thereto, 1 insofar as the provisions are applicable and not inconsistent with the provisions

contained in this paragraph. The commission may join in separate subdivisions in one petition or complaint the

descriptions of any number of tracts or parcels of such land and other property to

be condemned and the names of any number of owners and other parties who may have

an interest therein and all such land and other property included in said petition

or complaint may be condemned in a single proceeding; provided, however, that separate

awards shall be made for each tract or parcel of such land or other property; and

provided further, that each of said tracts or parcels of such land or other property

lies wholly in or has a substantial part of its value lying wholly within the same

county. (b) Whenever the commission acquires under this paragraph (3) the whole or any part

of the right of way of a public utility located in the Commonwealth of Pennsylvania,

the commission shall, at its own expense, provide a substitute right of way on another

and favorable location. Such public utility shall thereupon provide for the transfer to or reconstruction

upon, in, under or above said substitute right of way of any structures and facilities

of said public utility located upon, in, under or above said original right of way

at the time the same is so acquired. The commission is hereby authorized to enter into agreements with such public utility

to contribute toward the expense of such transfer or reconstruction, and in the event

that they are unable to agree on the amount to be paid, the matter shall be referred

to the Pennsylvania Public Utility Commission, which shall, after hearing thereon,

make a finding of the amount to be paid to such public utility by the commission. In case of failure of such public utility, within a reasonable time after notice

so to do, to remove its facilities to such substitute right of way, the Pennsylvania

Public Utility Commission shall have jurisdiction, on petition of the commission,

to order such transfer or reconstruction. Any party to such proceedings shall have the right of appeal from the ruling of

the Pennsylvania Public Utility Commission. The Delaware River Port Authority is hereby authorized to acquire, by purchase or

by the exercise of the power of eminent domain, any necessary land or right of way

for the relocation of any such public utility right of way and facilities. The substitute right of way thus acquired shall be equal in estate to the original

right of way acquired from the public utility, and the commission shall deliver to

the public utility a deed, duly executed and acknowledged, conveying to it an estate

in the substitute right of way, at least equal to that owned by the public utility

in the original right of way, or if such substitute right of way is to be acquired

by purchase, the commission shall procure and deliver to the public utility a deed

conveying such estate to it from the owner of the land on which such substitute right

of way is located. This subparagraph (b) shall have no application to the relocation of public utility

facilities located in the beds of public streets, roads or highways. (c) In addition to any other powers heretofore or hereafter granted to it, the commission,

in connection with construction or operation of any project for the effectuation of

any of its purposes authorized by this article, shall have power to make reasonable

regulations for the installation, construction, maintenance, repair, renewal, relocation

and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or any

other equipment and appliances (in this subparagraph (c) called “works”) located in

the State of New Jersey of any public utility as defined in section 48:2-13 of the

Revised Statutes of New Jersey, in, on, along, over or under any such project. Whenever in connection with the construction or operation of any such project the

commission shall determine that it is necessary that any such works, which now are

or hereafter may be located in, on, along, over or under any such project should be

relocated in such project, or should be removed therefrom, the public utility owning

or operating such works shall relocate or remove the same in accordance with the order

of the commission, provided, however, that, the cost and expenses of such relocation

or removal, including the cost of installing such works in a new location or new locations,

and the cost of any lands or any rights or interest in lands or any other rights acquired

to accomplish such relocation or removal, less the cost of any lands or any rights

or interests in lands or any other rights of the public utility paid to the public

utility in connection with the relocation or removal of such works, shall be paid

by the commission and shall be included in the cost of such project. In case of any such relocation or removal of works as aforesaid, the public utility

owning or operating the same, its successors or assigns, may maintain and operate

such works, with the necessary appurtenances, in the new location or new locations

for as long a period, and upon the same terms and conditions, as it had the right

to maintain and operate such works in their former location. In case of any such relocation or removal of works, as aforesaid, the commission shall

own and maintain, repair and renew structures within the rights of way of railroad

companies carrying any such project over railroads, and the commission shall bear

the cost of maintenance, repair and renewal of structures within the rights of way

of railroad companies carrying railroads over any such project, but this provision

shall not relieve any railroad company from responsibility for damage caused to any

authority or railroad structure by the operation of its railroad. Such approaches, curbing, sidewalk paving, guardrails on approaches and surface

paving on such projects as shall be within the rights of way of a railroad company

or companies shall be owned and maintained, repaired and renewed by the commission;

rails, pipes and lines shall be owned and maintained, repaired and renewed by the

railroad company or companies. (4) The power and authority granted in this article to the commission to construct

new or additional approach highways shall not be exercised unless and until the Department

of Highways of the Commonwealth of Pennsylvania shall have filed with the commission

its written approval as to approach highways to be located in said Commonwealth and

the State Highway Department of the State of New Jersey shall have filed with the

commission its written approval as to approach highways to be located in said State. (5) The effectuation of any of the purposes authorized by this article, and the exercise

or performance by the commission of any of its powers or duties in connection with

effectuation of any such purpose, shall not be subject to any restrictions, limitation

or provisions provided for or set forth in Article XII hereof. The bridge or ferries referred to in this article may be established, constructed

or erected by the commission notwithstanding the terms and provisions of any other

agreement between the Commonwealth of Pennsylvania and the State of New Jersey. (6) The commission shall not construct or erect the bridge referred to in this article

unless and until the Governor of the State of New Jersey and the Governor of the Commonwealth

of Pennsylvania shall have filed with the commission their written consents to such

construction or erection. (7) The commission is hereby granted the following powers in addition to any other

powers heretofore or hereafter granted to it: (a) To abandon, close off, dismantle, sell or otherwise dispose of, any project or

facility, or any part thereof, or any other property, which the commission may determine

to be no longer useful or necessary for public use. (b) To effectuate any of its authorized purposes either directly or indirectly by

or through wholly owned subsidiary corporations. Any such subsidiary corporation shall be a public corporate instrumentality of the

Commonwealth of Pennsylvania and the State of New Jersey for such purposes and shall

be deemed to be exercising an essential governmental function in effectuating such

purposes. Any such subsidiary corporation and any of its property, functions and activities

shall have such of the privileges, immunities, tax and other exemptions of the commission

and of the commission's property, functions and activities, and such of the rights,

powers and duties of the commission, as the commission shall determine. (8) The power of the commission, which is hereby confirmed, to purchase, construct,

lease, finance, operate, maintain and own a terminal facility consisting in whole

or in part of a parking area or place, garage, building, improvement, structure, or

other accommodation for the parking or storage of motor or other vehicles, including

all real or personal property necessary or desirable in connection therewith, shall,

notwithstanding any other provision of this agreement, be exercised only at such place,

in the vicinity of and in connection with, or as a part of any bridge, tunnel, ferry,

railroad, rapid transit system, transportation or terminal facility, as the commission

may determine to be necessary or desirable. 1

36 P.S. §§ 3421 to 3431.