New Jersey § 32:3-6

§ 32:3-6.

If for any of its authorized purposes (including temporary construction purposes)

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

in the commonwealth of Pennsylvania or 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, the said property shall be deemed to be required for a public use until

otherwise determined by the commission; 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 commission shall be deemed superior to

the public use in the hands or under the control of any other person, association

or corporation. If the commission is unable to agree with the owner or owners thereof upon terms for

the acquisition of any such real property in the commonwealth of Pennsylvania for

any reason whatsoever, then the commission may acquire such real property in the manner

provided by Act No. 338 of the commonwealth of Pennsylvania, approved July 9, 1919,

and acts amendatory thereof and supplementary thereto, 1 for the acquisition of real property by the aforesaid Pennsylvania commission. If the commission is 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, 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 the act of the state of New Jersey entitled, “An act to regulate the ascertainment

and payment of compensation for property condemned or taken for public use” (Revision

of 1900), approved March 20, 1900, and acts amendatory thereof and supplementary thereto, 2 or under and pursuant to the provisions of an act entitled, “An act concerning and

regulating acquisition and taking of lands by the state of New Jersey or any agency

thereof, providing a procedure therefor and the manner of making compensation for

lands so taken,” approved April 21, 1920, and the various acts amendatory thereof

and supplementary thereto. 3 The power of the commission to acquire real property by condemnation or the exercise

of the power of eminent domain in the commonwealth of Pennsylvania and 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 commonwealth of Pennsylvania or the state of New Jersey for the purpose of

making such surveys, maps or other examinations thereof as it may deem necessary or

convenient for its authorized purposes. However, anything to the contrary contained in this compact 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, unless expressly authorized so

to do by the commonwealth or state in which such municipality or port district is

located. All counties, cities, boroughs, villages, townships, and other municipalities, and

all public agencies and commissions of the commonwealth of Pennsylvania and the state

of New Jersey, notwithstanding any contrary provision of law, are hereby authorized

and empowered to grant and convey to the commission upon its request, but not otherwise,

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 commonwealth of Pennsylvania and the state of New Jersey hereby consent to the

use and occupation by the commission of any real property of the said two states,

or of either of them, which may be, or become, necessary or convenient to the effectuation

of the authorized purposes of the commission, including lands lying under water and

lands already devoted to public use. The term “real property” as used in this compact 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

fees 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. 1

36 P.S. §§ 3421 to 3431. 2

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

N.J.S.A. § 20:2-1 et seq. (repealed).