State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-68a > 40-68a-53

40:68A-53.  Real property;  acquisition;  condemnation    Every municipal port authority is hereby empowered, in its own name but for  the local unit, to acquire by purchase, gift, grant or devise and to take for  public use real property within the port district, which may be deemed by the  municipal port authority to be necessary for its purposes, including public  lands and property (hereinafter in this section called "public lands" ) in  which any county, municipality or political subdivision of the State, or public  body or agency of such political subdivision has any right, title or interest  and to the acquisition of which it shall have consented.  Whenever any  municipal port authority has determined that it is necessary to take any such  real property for port purposes by the exercise of the power of condemnation,  as hereinafter provided, it shall prepare 2 copies of diagrams, maps or plans  designating the general area in the local unit in which real property is to be  acquired and file 1 copy thereof in its office and the other copy thereof in  the office of the clerk of the local unit.  Such municipal port authority is  hereby empowered to acquire and take such real property by condemnation, in the  manner provided by chapter 1 of Title 20, Eminent Domain, of the Revised  Statutes (R.S. 20:1-1 et seq.) and, to that end, may invoke and exercise in the  manner or mode of procedure prescribed in said chapter, either in its own name  or in the name of the local unit, all of the powers of such local unit to  acquire or take property for public use; provided, however, that,  notwithstanding the foregoing or any other provision of this act, no municipal  port authority shall institute any proceeding to acquire or take, by  condemnation, any real property within the designated area in the local unit  referred to above in this section until after the date of filing in the office  of the clerk of the local unit of a certified copy of a (a) resolution of the municipal port authority stating the finding of the municipal port authority that it is necessary or convenient to acquire real property in said designated  area for port purposes, and (b) resolution of the governing body of the local  unit expressing its consent to the acquisition of real property in said  designated area.

     L.1960, c. 192, p. 825, s. 25, eff. Feb. 15, 1961.