such additional interstate crossings if and when adequate provision shall be made by law for the protection of those advancing money upon the obligations of the port authority for the construction of the bridges mentioned in section one hereof or incidental purposes. of this act tract for holders of § 6. The state of New Jersey by appropriate legislation' concur- Provisions ring herein, the provisions of this act, together with the provisions to consticomplementary thereto in the acts of the legislature of the state tute conof New Jersey, shall constitute a contract or agreement between benefit of the two states for the benefit of those lending money to the port obligations. authority for the construction of such bridges, and the said port authority on behalf of the state may include in the bonds or other evidences of its obligations issued by it for the construction of the said bridges or incidental purposes such part of this act as shall seem proper as and as evidence of the foregoing agreements made by the state with the holders of the said bonds or other obligations, and thereupon the said terms so included shall become a contract between the state and the holders of the said bonds or other obligations. bridges. mental § 7. The construction, maintenance and operation of said Purpose of bridges is in all respects for the benefit of the people of the two states, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and the port authority shall be regarded as performing a governmental Governfunction in undertaking the said construction, maintenance and function. operation and in carrying out the provisions of law relating to Exemption the said bridges and shall be required to pay no taxes or assess- taxation. ments upon any of the property acquired by it for the construc tion, operation and maintenance of such bridges. from tions legal § 8. The obligations which may be issued by the port authority Obligafor the construction of the bridges mentioned in section one hereof investor for the purposes incidental thereto are hereby made securities ments. in which all public officers and bodies of this state and of its municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, executors, administrators, guardians, trustees and all other fiduciaries in the state may properly and legally invest the funds within their control. herein § 9. Any powers herein granted to the port authority shall be Powers regarded as in aid of and supplemental to and in no case as a granted limitation upon any of the powers vested in it by the states of suppieNew Jersey and New York and or by congress. mental. constitu § 10. If any term or provision of this act shall be declared Partial un unconstitutional or ineffective in whole or in part by a court of tionality. competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term or provision shall be enforced and effectuated; nor shall such determination be deemed to invalidate the remaining terms or provisions hereof. § 11. This act shall take effect immediately. 4 See laws of New Jersey, 1925, ch. 37. Construc tion, maintenance and operation of bridge authorized. Approval of plan Port authority to determine site, etc, Rules and regulations; charges and tolls. CHAPTER 211 AN ACT relating to the construction, operation and maintenance of a certain bridge across the Hudson river by the port of New York authority, pursuant to the port compact or treaty dated April thirtieth, nineteen hundred and twenty-one, and consented to by the congress of the United States, and the comprehensive plan adopted by the states of New Jersey and New York, consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States, and making an appropriation for the preliminary work thereon. Became a law April 1, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. In partial effectuation of the comprehensive plan for the development of the port of New York, and of section four thereof, adopted by the states of New Jersey and New York, by chapter nine, laws of New Jersey, nineteen hundred and twentytwo, and chapter forty-three, laws of New York, nineteen hundred and twenty-two, which was consented to and which the port of New York authority was authorized and empowered to carry out and effectuate by the congress of the United States by public resolution number sixty-six, sixty-seventh congress, house joint. resolution three hundred and thirty-seven, and of the port compact or treaty between the two states dated April thirtieth, nineteen hundred and twenty-one, authorized and approved by chapter one hundred and fifty-one, laws of New Jersey, nineteen hundred and twenty-one, and chapter one hundred and fifty-four, laws of New York, nineteen hundred and twenty-one, and consented to by the congress of the United States by public resolution number seventeen, sixty-seventh congress, senate joint resolution eightyeight, the port of New York authority (hereinafter called the port authority) is authorized and empowered to construct, operate, maintain and own a bridge, with the necessary approaches thereto, across the Hudson river, from points between One Hundred and Seventieth street and One Hundred and Eighty-Fifth street, borough of Manhattan, New York city, and points approximately opposite thereto in the borough of Fort Lee, Bergen county, New Jersey. § 2. The plan of the approaches at either end of the bridge shall be subject to the approval of the respective governors of the states of New York and New Jersey and of the respective municipalities in which they shall be located. Except as so limited the port authority shall determine the site, size, type and method of construction of bridge and approaches and all matters pertaining thereto. § 3. The port authority is authorized to make and enforce such rules and regulations and to establish and levy such charges and tolls as it may deem convenient or necessary for the operation and maintenance of the said bridge and to insure at least sufficient revenue to meet the expenses of the construction, operation and maintenance thereof, and to make provision for the payment of the interest upon and amortization and retirement of such bonds or other securities or obligations as it may issue or incur for the purposes of this act, as hereinafter provided. There shall be allocated Allocato the cost of construction, operation and maintenance of the tion for bridge such proportion of the general expenses of the port tion, etc. authority as it shall deem properly chargeable thereto. construc bonds or revenues as § 4. The said bridge shall be built and paid for in whole or in Issue of part out of moneys to be raised by the port authority on bonds or other seother securities or obligations issued or incurred by it pursuant to curities. article six of the said compact or treaty. The said bonds or other securities and any other obligations which the port authority may incur shall be issued and incurred upon such terms and conditions as the port authority may deem proper, subject, however, to the limitations of this act. As security therefor the revenues and tolls Pledge of arising out of the use of the bridge shall be pledged for the repay- security. ment of the entire issue of the bonds and other securities issued for the construction thereof, and the approaches and highway connections, and for the repayment of any moneys advanced by the state, together with interest; it being the declared policy of the state that the said bridge so far as the payment of the bonds or other securities issued, and repayment of moneys advanced by the state for the construction thereof, shall in all respects be selfsustaining. tion of real § 5. If, for any of the purposes hereunder, the port authority Acquisi shall find it necessary or convenient for it to acquire any real property as herein defined, in this state, then the port authority property. may find and determine that such property is required for a public use, and upon such due determination, the said property shall be and shall be deemed to be required for such a public use; and with the exceptions hereinafter specifically noted the said determination or fact 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. If the port authority is unable to agree for the acquirement of any such property, or if the owner thereof shall be incapable of disposing of the same, or if, after diligent search and inquiry, the name and residence of any such owner cannot be ascertained, or if any such property has been acquired or attempted to be acquired and title or other rights therein have been found to be invalid or defective, the port authority may acquire such property by condemnation under and pursuant to the provisions of this act. property of § 6. Anything in this act to the contrary notwithstanding, no Acquistproperty now or hereafter vested in or held by the city of New tion of York shall be taken by the port authority, without the authority munici or consent of such city, nor shall anything herein impair or in- pality. validate in any way any bonded indebtedness of the state, or such city, nor impair the provisions of law regulating the payment into Use of state lands sinking funds of revenue derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. The port authority is hereby authorized and empowered to acquire from such county, city, borough, village, township, or other municipality by agreement therewith and such county, city, borough, village, township or other municipality is hereby authorized and empowered to grant and convey for such consideration as it may deem wise, any real property which may be necessary for the construction, operation and maintenance of such bridge and approaches thereto, including such real property as has already been devoted to a public use. The state of New York hereby consents to the use and occupation authorized. of the real property of the state necessary for the construction, operation and maintenance of the said bridge and the approaches thereto, including lands of the state lying under the waters of the Hudson river. Acquisition by condemnation; survey and map. Petition for con § 7. When any real property within this state is sought to be acquired by condemnation, the port authority shall cause a survey and map to be made thereof, and shall cause such survey and map to be filed in its office. The said port authority and its duly authorized agents and employees may enter upon such property for the purpose of making such survey and map or such other survey or examination of real property as it may deem necessary for the proper execution of its duties, provided such entry shall not injure the said property or interfere with the business conducted thereon. There shall be annexed to such survey and map a certificate executed by the chief engineer of the port authority stating that the property or interest therein described in such survey and map are necessary for its purpose. § 8. Upon filing such survey and map the port authority shall demnation, petition the supreme court in the county where such property is located for the condemnation of such property as has not been otherwise acquired. The said petition shall be in the form prescribed by section four of the condemnation law except as herein provided to the contrary. Such petition, together with a notice of pendency of the proceeding, shall be filed in the office of the county clerk of the said county and shall be indexed and recorded as provided by law. A copy of the said petition, together with a notice of the presentation thereof to a special term of the supreme court, shall be served upon the owners as provided in sections five and six of the condemnation law. Petition, recorded; effect; entry and appropriation. § 9. The port authority shall cause a duplicate of the said petietc., to be tion and notice of presentation thereof, together with a duplicate original affidavit of the service thereof, to be recorded in the books used for recording deeds in the office of the register of deeds of the county wherein the said property described in such notice is situated, and the record of such notice shall be prima facie evidence of due service thereof. Upon the service of such petition and notice of presentation, the port authority may enter upon and use and occupy for its purposes all the parcels of real estate described in the proceedings for the condemnation thereof, unless the su preme court shall otherwise determine as hereinafter provided. Such petition and notice so recorded shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the property appropriated. tion of report of § 10. The proceedings thereafter shall be in the manner pre- Applica scribed by the condemnation law, so far as consistent herewith. condemna§ 11. The commissioners appointed to ascertain and determine tion law. the compensation which ought justly to be made to the owners of Time of property or interests therein appraised by them as provided in sec- commistion thirteen of the condemnation law shall make their report of the value thereof to the supreme court within one hundred days from the date of their qualification. sioners. compensa § 12. The persons or corporations whose property shall have Payment of been taken by condemnation and who shall have agreed upon tion; inthe compensation to be paid therefor in settlement of the proceed- terest. ing, or to whom an award of compensation shall have been made by the supreme court, shall be entitled to payment of the agreed or awarded compensation within three calendar months after the date of the agreement upon the amount of the compensation or of the entry of the order confirming the report of the commissioners of appraisal, together with interest upon the amount of such compensation from the time of the entry upon and appropriation thereof by the port authority, to the date of payment of such compensation; but such interest shall cease upon the service by the port authority, upon the person or corporation entitled thereto, of a fifteen days' notice that the port authority is ready and willing to pay the amount of such compensation upon the presentation of proper proofs and vouchers. Such notice shall be served personally or by registered mail and publication thereof at least once a week for three successive weeks in a daily newspaper, published in the county of New York. may be ac § 13. The port authority may, at its option, acquire such real Property property within the state of New York, under the general con- quired undemnation law. der condemnation Real § 14. The term real property as used in this act is defined to in- law. clude lands, structures, franchises and interest in land, including property lands under water and riparian rights, and any and all other defined. things and rights usually included within the said term, and includes also any and all interest in such property less than full title, 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 for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damage for such real estate. granted § 15. Any powers herein granted to the port authority shall be Powers regarded as in aid of and supplemental to and in no case as a supplelimitation upon any of the powers vested in it by the states of New mental. Jersey and New York by congress. The port authority may make Borings borings along the Hudson river at points below one hundred and seventieth street, necessary for its studies not withstanding anything herein contained. authorized. |