Legislation
SECTION 15
No title
Bridges and Tunnels New York/New Jersey 47/31 (BAT) CHAPTER ROOT
§ 15. 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
the exercise of the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure 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 fifteen of chapter forty-three of the laws of New Jersey of
nineteen hundred forty-seven, 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 acquire any
real property for any of the purposes of this act, remains in possession
of such property after the time of the 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.
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
the exercise of the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure 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 fifteen of chapter forty-three of the laws of New Jersey of
nineteen hundred forty-seven, 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 acquire any
real property for any of the purposes of this act, remains in possession
of such property after the time of the 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.