State Codes and Statutes

Statutes > New-jersey > Title-32 > Section-32-1 > 32-1-132

32:1-132.  Determination by port authority that real property is required for public use;  condemnation
    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., 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, 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, 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.

     L.1931, c. 4, s. 15, p. 26.  Amended by L.1956, c. 156, p. 632, s. 5.