2009 New Jersey Code
TITLE 32 - INTERSTATE AND PORT AUTHORITIES AND COMMISSIONS
Section 32:1
32:1-35.9 - Condemnation proceedings

32:1-35.9.  Condemnation proceedings
    The powers hereinafter granted to the Port Authority to acquire real property by condemnation or the right of eminent domain shall be subject to the  limitations set forth in section two hereof, and also to the following further  limitations:

    (a) Unless and until the State of New York otherwise provides by law, the Port Authority shall not have power to acquire real property in that State for air terminal purposes by condemnation or the right of eminent domain except for  the purpose of making conditions, extensions and improvements to the three air  terminals in New York City known as LaGuardia Airport, Idlewild Airport,  (sometimes known as Major General Alexander E. Anderson Airport), and Floyd  Bennett Airport, for the purpose of acquiring air rights or preventing or  removing actual or potential hazards to air navigation within three miles of  the runways at said air terminals as such runways may now or hereafter exist,  and for the purpose of establishing or maintaining beacons and other aids to  air navigation in connection with said three air terminals, whether or not  within three miles of said runways.

    (b) Unless and until the State of New Jersey otherwise provides by law, the  Port Authority shall not have the power to acquire real property in the State  of New Jersey for air terminal purposes by condemnation or the right of eminent  domain except for the purpose of making additions, extensions and improvements  to the air terminal known as Newark Airport (including additions, extensions  and improvements thereto located in the city of Elizabeth), for the purpose of  acquiring air rights or preventing or removing actual or potential hazards to  air navigation within three miles of the runways at said air terminal as such  runways may now or hereafter exist, and for the purpose of establishing or  maintaining beacons and other aids to air navigation in connection with said  air terminal, whether or not within three miles of said runways.

    (c) Unless otherwise provided by law by the State in which such real property is located, the Port Authority shall not have power to acquire for air  terminal purposes by condemnation or the right of eminent domain subsequent to  June thirtieth, one thousand nine hundred and fifty-two, any real property  taken for and actually devoted to a public use;  provided, that this limitation  shall not apply to real property a proceeding for the acquisition of which was  initiated prior to that date.

    The foregoing limitations shall not be construed to limit, affect or impair  the power of the Port Authority to acquire real property at any time and place  for air terminal purposes by negotiation or in any other manner than by  condemnation or the exercise of the right of eminent domain.

    Subject to the foregoing limitations, if the Port Authority shall find it necessary or convenient to acquire any real property for air terminal purposes,  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 such determination shall not be affected  by the fact that such property has theretofore been taken for and 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 estate, by condemnation or the exercise of the right of  eminent domain under and pursuant to 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 situated in such State, or at the option of the Port Authority pursuant to such other and alternate procedure in each State as may be provided by law by such State. The  Port Authority shall have such power of condemnation or eminent domain not only  in respect to real property located within the Port of New York District but  also as to any real property located outside of the Port District which is  necessary, incidental or convenient for the effectuation, establishment,  acquisition, construction, rehabilitation or improvement, and maintenance and  operation of air terminals within the Port District. Nothing herein contained  shall be construed to prevent 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 acquiring any such property by  negotiation or purchase.

    In the event the Port Authority shall deem that the use by it of any real property for any purpose hereunder will be necessary either immediately or by a  definite future date, it may file with any petition in any condemnation proceeding brought pursuant to law or at any time thereafter a notice that it requires the possession thereof, either immediately or at a date specified in such notice.  In such event, the Port Authority shall cause a duplicate of such  notice and an affidavit of the filing thereof to be recorded in the office in  which deeds are required to be recorded in the county wherein the land involved  is situated and upon such recording the Port Authority may enter upon and shall  be entitled to the possession, use and occupation of such real property at the  time specified in said notice without suit or other judicial proceedings; provided, that it shall first deposit with the court a sum equal to the assessed valuation of such real property, or in the event that the assessed valuation thereof cannot be readily ascertained such sum as in the judgment of  the Port Authority shall be sufficient as compensation for the real property  acquired.  The sum so deposited with the court shall be applied to the  satisfaction of any award thereafter made in any condemnation proceeding.  Such  filing and recording of said notice shall be conclusive evidence of the entry  upon and appropriation of said property by the Port Authority, and title to  said property shall vest in the Port Authority on the date specified in such  notice.

     L.1947, c. 43, p. 123, s. 9.