State Codes and Statutes

State Codes and Statutes

Statutes > New-jersey > Title-32 > Section-32-1 > 32-1-141-2

32:1-141.2.  Acquisition of property for truck terminal
    If, for the purpose of effectuating, acquiring, constructing, rehabilitating  or improving any motor truck terminal, the Port Authority shall find it  necessary or convenient to acquire any real property, as herein defined, in  this State, 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.

    If the Port Authority is unable to agree for the acquisition of any such real property for any reason whatsoever, then 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 chapter one of Title 20 of the Revised Statutes and sections 32:2-10 to 32:2-16, inclusive, of Title 32  of the Revised Statutes, except as other provision is made by the terms of this  act.

    The power of the Port Authority to acquire real property by condemnation hereunder shall be a continuing power, and no exercise thereof shall be deemed to exhaust it.

    Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by the State or any county, city, borough, village,  town, township or other municipality shall be taken by the Port Authority,  without the authority or consent of the State or of such county, city, borough,  village, town, township or other municipality as provided in the Compact of  April thirtieth, one thousand nine hundred and twenty-one, between the States  of New Jersey and New York, nor shall anything herein impair or invalidate in  any way any bonded indebtedness of the State, or such county, city, borough,  village, town, township or other municipality, nor impair the provisions of law  regulating the payment into sinking funds of revenue derived from municipal  property, or dedicating the revenues derived from municipal property, to a  specific purpose.  Moreover, no property owned by any railroad or railway  corporation, or by any other corporation which is a  "public utility"  as  defined in section 48:2-13 of the Revised Statutes, and devoted to use by such  corporation in its operations, or acquired prior to the effective date of this  act and held for such use, shall be taken by the Port Authority without the  authority or consent of such corporation.  The Port Authority is hereby  authorized and empowered to acquire from any such county, city, borough,  village, town, township or other municipality, or from any other public agency  or commission having jurisdiction in the premises, or from any such corporation, by agreement therewith, and such county, city, borough, village,  town, township, municipality, public agency, commission, or corporation,  notwithstanding any contrary provision of law, is hereby authorized and  empowered to grant and convey upon reasonable terms and conditions any real  property, which may be necessary for the establishment, construction,  acquisition, rehabilitation, maintenance and operation of such truck terminals,  including such real property as has already been devoted to a public use.

    The Port Authority and its duly authorized agents and employees may enter upon any land in this State for the purpose of making such surveys, maps, or other examinations thereof as it may deem necessary or convenient for the purposes of this act.

    The term  "real property"  as used in this act is defined to include 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 damages to real estate.

     L.1945, c. 197, p. 681, s. 4.