32:11AA-1. Compact authorized; preamble
The Governor is hereby authorized to enter into a compact, on behalf of the State of New Jersey, with the Commonwealth of Pennsylvania, which compact shall be in substantially the following form:
COMPACT BETWEEN
The Commonwealth of Pennsylvania and the State of New Jersey
Authorizing the Pennsylvania Turnpike Commission and the New Jersey Turnpike Authority, acting alone or in conjunction with each other, to construct, finance, operate and maintain a bridge across the Delaware river.
Whereas , In order to facilitate vehicular traffic between the eastern and western sections of the Commonwealth of Pennsylvania, the Pennsylvania Turnpike Commission, heretofore created by the provisions of the Act of Assembly approved the twenty-first day of May, one thousand nine hundred and thirty-seven (Pamphlet Laws 774) has been authorized and empowered by the provisions of said act and of the supplements and amendments thereto to construct, operate and maintain a turnpike from a point on the western boundary line of the Commonwealth of Pennsylvania to a point at the city of Philadelphia, and pursuant thereto is engaged in the construction, operation and maintenance of the Pennsylvania Turnpike System to carry vehicular traffic from the Pennsylvania-Ohio State line across the Commonwealth of Pennsylvania to a point at King of Prussia in Montgomery county, Pennsylvania, and has been further authorized and empowered by an Act of Assembly to construct, operate and maintain an extension of the Pennsylvania Turnpike System to carry such vehicular traffic to a point on or near the Delaware river between the Commonwealth of Pennsylvania and the State of New Jersey and there to construct, operate and maintain, either alone or in conjunction with the New Jersey Turnpike Authority, or to contract with the New Jersey Turnpike Authority for the construction, operation and maintenance of a bridge across the Delaware river, pursuant to such compact as may be entered into between the Commonwealth of Pennsylvania and the State of New Jersey; and
Whereas , The New Jersey Turnpike Authority heretofore created by the New Jersey Turnpike Authority Act of 1948 (Ch. 454, P.L.1948), has been authorized to construct and is constructing a turnpike project across the State of New Jersey from a point at State Highway Route No. 6 approximately three miles westerly from the westerly end of the George Washington Bridge to a point in the county of Salem at or near Deepwater to a connection with a new bridge across the Delaware river now under construction, and has been further authorized and empowered to construct, operate and maintain an extension to a point on or near the Delaware river, between the State of New Jersey and the Commonwealth of Pennsylvania, and there to construct, operate and maintain, either alone or in conjunction with the Pennsylvania Turnpike Commission or to contract with the Pennsylvania Turnpike Commission for the construction, operation and maintenance of, a bridge across the Delaware river, to connect with the Pennsylvania Turnpike System, pursuant to such compact as may be entered into between the State of New Jersey and the Commonwealth of Pennsylvania; and
Whereas , It is necessary that a bridge be provided across the Delaware river in order to form a connection between the Pennsylvania Turnpike System and the New Jersey turnpike and that provision be made for the financing, construction, operation and maintenance of said bridge under such agreement or agreements as may be entered into between the Pennsylvania Turnpike Commission and the New Jersey Turnpike Authority;
Now, Therefore , The Commonwealth of Pennsylvania and the State of New Jersey do hereby solemnly covenant and agree with each other, as follows:
L.1951, c. 285, p. 1023, s. 1.
32:11AA-2. Power to finance, construct, operate and maintain bridge
ARTICLE I
The Pennsylvania Turnpike Commission and the New Jersey Turnpike Authority, acting in co-operation with each other, are hereby authorized and empowered, in accordance with such agreement or agreements as shall be entered into pursuant to Article II hereof, to select the location for, and to prepare the necessary plans for the financing, construction, administration, operation and maintenance of, and to finance, construct, operate and maintain such bridge across the Delaware river as the commission and the authority may deem feasible and expedient to provide a connection between the Pennsylvania Turnpike System and the New Jersey turnpike to advance the interests of both States and to facilitate public travel.
L.1951, c. 285, p. 1025, s. 1.
32:11AA-3. Authority to make agreement
ARTICLE II
The Pennsylvania Turnpike Commission and the New Jersey Turnpike Authority shall be and are hereby authorized and empowered to enter into an agreement or agreements, not in conflict or inconsistent with the provisions of Articles I and III hereof, setting forth in detail the location for such bridge and by whom and in what manner the bridge shall be financed, constructed, operated and maintained, including the manner of fixing and collecting tolls, and providing for joint action by said commission and authority where such joint action is deemed by them to be necessary or advisable and setting forth the manner in which any such joint action may be effected.
L.1951, c. 285, p. 1026, s. 1.
32:11AA-4. Construction of compact
ARTICLE III
This compact shall be construed as granting supplemental and additional powers to the Pennsylvania Turnpike Commission and to the New Jersey Turnpike Authority and shall not be construed as being in derogation of any other powers of the Pennsylvania Turnpike Commission and New Jersey Turnpike Authority; provided, however, that (a) all acts and proceedings of said commission with respect to such bridge and its location, construction, financing, operation and maintenance shall not be in conflict or inconsistent with statutes of the Commonwealth of Pennsylvania creating or granting powers to said commission; (b) all acts and proceedings of said authority with respect to such bridge and its location, construction, financing, operation and maintenance shall not be in conflict or inconsistent with statutes of the State of New Jersey creating or granting powers to said Authority; and (c) the construction of a bridge at the location selected shall not be in contravention of any applicable provision of any compact or agreement entered into by the Commonwealth of Pennsylvania and the State of New Jersey which shall be in force and effect at the time of the construction of such bridge.
L.1951, c. 285, p. 1026, s. 1.
32:11AA-5. Effective date of compact; signing of compact; number of originals; filing
ARTICLE IV
1. This compact shall enter into force and become effective and binding between the Commonwealth of Pennsylvania and the State of New Jersey when (a) it has been adopted and enacted into law by the respective Legislatures of said Commonwealth and State, and (b) it has been signed by the respective Governors of the said Commonwealth and State, after authorization therefor by their respective Legislatures, and has been attested by the respective Secretaries of State of the said Commonwealth and State and the respective Seals of the said Commonwealth and State have been affixed thereto, and (c) the Congress of the United States of America has consented thereto.
2. This compact shall be signed, attested, and sealed in five originals, one each of said originals to be forwarded to the Governors of the said Commonwealth and State for filing in accordance with the laws of the said Commonwealth and State, one each of said originals to be deposited in the office of the Pennsylvania Turnpike Commission and the office of the New Jersey Turnpike Authority, and one of said originals to be deposited with the Secretary of State of the United States of America.
In Witness Whereof , And in evidence of the adoption and enactment into law of this compact by the Legislatures of the Commonwealth of Pennsylvania and State of New Jersey, the Governors of the Commonwealth of Pennsylvania and the State of New Jersey do hereby, in accordance with authority conferred by the Legislatures of their respective States, sign this compact in five originals, as attested by the respective Secretaries of State of the said Commonwealth and State, and have caused the respective Seals of the said Commonwealth and State to be hereunto affixed, this day of , 19 .
L.1951, c. 285, p. 1027, s. 1.
32:11AA-6. Force and effect of compact
Upon the coming into force of said compact as therein provided, such compact shall be and become binding and shall have the force and effect of a statute of the State of New Jersey, and the New Jersey Turnpike Authority shall thereupon become vested with all the powers, rights and privileges, and be subject to the duties and obligations, contained in said compact as though the same were specifically authorized and imposed by statute, and the State of New Jersey shall be bound by all of the obligations assumed by it under said compact; and the Governor shall transmit an original signed copy thereof to the Secretary of State of this State for filing in his office.
L.1951, c. 285, p. 1028, s. 2.
32:11AA-7. Consent of Congress
The Governor is hereby authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent to and approval of said compact; but in the absence of such consent and approval, the New Jersey Turnpike Authority shall have all of the powers which the Commonwealth of Pennsylvania and the State of New Jersey may confer upon it without the consent and approval of Congress.
L.1951, c. 285, p. 1028, s. 3.
32:11AA-8. Repeal
Any provision of law heretofore enacted (except laws authorizing interstate compacts or agreements) which (a) restricts, prohibits, or limits the acquisition by, or any right or power of acquisition of, this State, acting alone or in conjunction with any other State or public body, of any bridge over the Delaware river, or the necessary approaches or appurtenances thereto, owned, operated or maintained by any county or municipality of this State, or any bridge commission, bridge authority, public officer, board, commission or agency or other public body created by or in this State or any county or municipality thereof; or (b) restricts, prohibits, or limits the construction or acquisition of any bridge or tunnel over or under the Delaware river within any distance from any bridge at any time authorized, owned, held, operated or maintained by any county or municipality of this State, or any bridge commission, bridge authority, public officer, board, commission or agency or other public body created by or in this State or any county or municipality thereof; is hereby repealed.
L.1951, c. 285, p. 1028, s. 4.
32:11AA-9. Partial invalidity; severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are declared to be severable.
L.1951, c. 285, p. 1029, s. 5.
32:11AA-10. Effective date
This act shall take effect immediately but the Governor shall not enter into the compact hereinabove set forth on behalf of the State of New Jersey until after passage by the Commonwealth of Pennsylvania of a substantially similar act embodying said compact between the two States.
L.1951, c. 285, p. 1029, s. 6.
32:11B-1. State Highway Commissioner authorized to accept title to lands for terminus and approach to crossing
The State Highway Commissioner of the State of New Jersey be, and he hereby is, authorized and directed to accept title on behalf of and in the name of the State of New Jersey to those lands necessary or convenient for use as the eastern terminus and approach to such crossing and for the maintenance or extension thereof, which lands will be located in Salem county, New Jersey, and will extend eastward from the western boundary of the State of New Jersey at a point near the southern bank of the Salem canal. It shall not be deemed an objection to the acceptance of title to any such lands that easements, or rights of use, are outstanding in the hands of private individuals, partnerships, associations or corporations; provided, that such easements or rights of use create no liability on the part of the State Highway Commissioner of the State of New Jersey or on the part of the State of New Jersey other than the continuation of the right of use of such lands provided for in such easements or rights of use.
L.1946, c. 18, p. 52, s. 1.
32:11B-2. State to hold title to land; tolls; maintenance and repair
That the State of New Jersey will take title to said lands as provided in section one of this act and will hold the same dedicated to the purpose of the construction, operation and maintenance of said crossing so long as said crossing shall exist; and no tolls will be charged by the State of New Jersey for the use of the crossing to be constructed on or under said lands so long as any bonds shall be outstanding issued by the State Highway Department of the State of Delaware, for the purpose of financing the construction of said crossing or any additions thereto or improvements or repairs thereof; provided, however, that the State of New Jersey shall not be liable in any respect whatsoever for any expense, cost, liability or indebtedness incurred for the construction, operation, maintenance or repair of such crossing.
L.1946, c. 18, p. 52, s. 2.
32:11B-3. Condemnation of real estate authorized
In the event that the State Highway Department of the State of Delaware is unable, by agreement with the owner or owners thereof, to cause title to all lands in Salem county necessary or convenient for the construction, operation or maintenance of such crossing, the eastern terminus thereof and approaches thereto to be conveyed to the State of New Jersey as contemplated in section one hereof, the State Highway Commissioner of New Jersey shall be, and he hereby is, authorized and directed upon the written request of the State Highway Department of the State of Delaware and upon being satisfactorily assured, by the deposit of cash or otherwise, by said State Highway Department that it, the said State Highway Department, will provide the money necessary to pay the condemnation money or damages awarded and expenses of the proceeding, to condemn for the use of and to become a part of the highway system of the State of New Jersey the real estate in Salem county, New Jersey, deemed by said State Highway Department of the State of Delaware and said State Highway Commissioner of the State of New Jersey to be necessary or convenient for the construction, operation and maintenance of said crossing, the eastern terminus thereof and approaches thereto. Said condemnation shall be effected in the manner in which the said State Highway Commissioner is now authorized by law to condemn land for highway purposes.
L.1946, c. 18, p. 53, s. 3.
32:11B-4. License to State Highway Department of Delaware to use lands for crossing and terminus
Upon the acceptance of title to lands as provided in section one of this act and upon the acquisition of the right of use of lands as provided in section three of this act, the State Highway Department of the State of Delaware is granted a license to use said lands for the purpose of construction, operating and maintaining said crossing, the terminus thereof and the approaches thereto and any additions thereto or improvements or repairs thereof.
L.1946, c. 18, p. 53, s. 4.
32:11B-5. Consent of State to Delaware State Highway Department to construct and operate crossing and charge tolls given
The consent of the State of New Jersey is hereby granted to the State of Delaware, acting by and through the said State Highway Department of the State of Delaware to construct, maintain and operate and to charge and collect tolls, rates and rents for the use of a crossing and approaches thereto over or under the Delaware river, the eastern terminus whereof to be in Salem county, New Jersey, at or near the southern bank of the Salem canal, in accordance with the provisions of certain legislation enacted by the General Assembly of the State of Delaware.
L.1946, c. 18, p. 54, s. 5.
32:11B-6. Exemption from taxation
Said crossing and all property acquired or used for the purpose thereof in the State of New Jersey and the revenues thereof shall at all times be free from taxation by the State of New Jersey or any political subdivision thereof.
L.1946, c. 18, p. 54, s. 6.
32:11B-7. Liberal construction required
This act shall be liberally construed so as to facilitate the construction, operation and maintenance of said crossing.
L.1946, c. 18, p. 54, s. 7.
32:11B-8. Partial invalidity
In case, for any reason, any section or any provision of this act shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section or provision of this act.
L.1946, c. 18, p. 54, s. 8.
32:11B-9. Legal investments in securities issued to finance memorial river crossing
The following may, in addition to other investments allowed by law, properly and legally invest any funds, including capital, belonging to them or within their control in bonds or other obligations issued by the State of Delaware for the purpose of financing the cost of constructing a crossing over or under the Delaware river between the State of New Jersey and the State of Delaware, as a memorial to the citizens of the States of Delaware and New Jersey who gave their lives in the armed forces of the United States in World War II; that is to say:
(a) Insurance companies, insurance associations, and all other persons carrying on an insurance business.
(b) Executors, administrators, guardians, committees, conservators, liquidators, rehabilitators, receivers, trustees, and all other persons occupying similar fiduciary positions.
(c) Banks, trust companies, bankers and savings banks.
(d) Savings and loan, and building and loan associations, investment companies, and other financial institutions.
(e) Credit unions, cemetery associations, mutual benevolent and benefit associations.
(f) Firemen's, police, and teachers' association pension and relief funds.
(g) Other pension, retirement, compensation, and sinking fund systems.
(h) The State and its counties, and municipalities and their subdivisions and agencies.
(i) All public officers, officials, boards, commissions, bodies and agencies of the State and its counties, and municipalities and their subdivisions and agencies.
(j) Any other individual, firm, group, corporation, association, institution, and fund of any nature whatsoever.
L.1948, c. 179, p. 923, s. 1.
32:11B-10. Application of act
The provisions of this act shall not apply to any trust fund where the deed of trust, or will, or any court having jurisdiction of the same, specially directs that said trust fund shall be invested in other securities.
L.1948, c. 179, p. 924, s. 2.
32:11C-1. Easements, streets, roads or highways; use or taking of property of municipality by condemnation
For the effectuation of its authorized purposes, any commission created by interstate compact or agreement and authorized and empowered to construct, maintain or operate one or more vehicular crossings over the Delaware river, is hereby authorized and empowered, subject to the approval of the State Highway Commissioner, to enter upon, use, overpass, underpass, occupy, enlarge, construct, improve or close any easement, street, road or highway, or to use, occupy or take by condemnation property for any of its authorized purposes, now or hereafter vested in or held by any municipality in New Jersey.
L.1952, c. 40, p. 132, s. 1.
32:11C-2. Notice to municipality; consent of municipality unnecessary
Before entering upon, using, overpassing, underpassing, occupying, enlarging, constructing, improving or closing any easement, street, road, highway or property of any municipality, such commission shall, in writing, notify the chief administrative officer or governing body of the municipality of its intention so to do, together with the approximate time of the commencement of the work of the commission affecting such street, road, highway or property. It shall not be necessary for the commission to obtain the consent of the municipality or the governing body thereof for the exercise of any of the powers conferred by this act, any law or compact to the contrary notwithstanding.
L.1952, c. 40, p. 132, s. 2.
32:11C-3. Damages, payment of; jurisdiction of Superior Court
If, under the Constitution and laws of the State of New Jersey, any damages are payable to any municipality by reason of the exercise of the powers conferred by this act, such damages shall be paid by the commission and shall be ascertained and determined in the manner provided by the compact or agreement creating such commission, and the amendments thereto and supplements thereof. The Superior Court shall have jurisdiction in any proceeding instituted to ascertain and determine such damages.
L.1952, c. 40, p. 133, s. 3.
32:11C-4. Costs and expenses of removal, alteration, change or relocation; maintenance and repair
Whenever necessary, because of the exercise of any of the powers herein conferred, to remove, alter, change or relocate any facilities owned by a municipality or any municipal agency of a municipality located above or below the surface of the street, road or highway or property vested in, or held by, the municipality, the commission shall pay the costs or expenses involved in connection with such removal, alteration, change, or relocation. All streets, roads or highways or parts thereof, designated and used by the commission as a part of any approach, bridge plaza or approach highway, shall be maintained and kept in repair by the commission.
L.1952, c. 40, p. 133, s. 4.
32:11C-5. Powers to be construed as additional
The powers vested in any such commission by this act shall be construed as being in addition to and not in diminution of the powers heretofore or hereafter vested in said commission by law.
L.1952, c. 40, p. 133, s. 5.
32:11D-1. Short title
This act shall be known and may be cited as the Delaware River Basin Compact.
L.1961, c. 13, p. 44, s. 1.1.
32:11D-2. Definitions
For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:
(a) "Basin" shall mean the area of drainage into the Delaware river and its tributaries, including Delaware bay;
(b) "Commission" shall mean the Delaware River Basin Commission created and constituted by this compact;
(c) "Compact" shall mean this act.
(d) "Cost" shall mean direct and indirect expenditures, commitment, and net induced adverse effects, whether or not compensated for, used or incurred in connection with the establishment, acquisition, construction, maintenance and operation of a project;
(e) "Facility" shall mean any real or personal property, within or without the basin, and improvements thereof or thereon, and any and all rights of way, water, water rights, plants, structures, machinery and equipment, acquired, constructed, operated or maintained for the beneficial use of water resources or related land uses including, without limiting the generality of the foregoing, any and all things and appurtenances necessary, useful or convenient for the control, collection, storage, withdrawal, diversion, release, treatment, transmission, sale or exchange of water; or for navigation thereon, or the development and use of hydroelectric energy and power, and public recreational facilities; or the propagation of fish and wildlife; or to conserve and protect the water resources of the basin or any existing or future water supply source, or to facilitate any other uses of any of them;
(f) "Federal Government" shall mean the government of the United States of America, and any appropriate branch, department, bureau or division thereof, as the case may be;
(g) "Project" shall mean any work, service or activity which is separately planned, financed, or identified by the commission, or any separate facility undertaken or to be undertaken within a specified area, for the conservation, utilization, control, development or management of water resources which can be established and utilized independently or as an addition to an existing facility, and can be considered as a separate entity for purposes of evaluation;
(h) "Signatory party" shall mean a State or Commonwealth party to this compact, and the Federal Government;
(i) "Water resources" shall include water and related natural resources in, on, under, or above the ground, including related uses of land, which are subject to beneficial use, ownership or control.
L.1961, c. 13, p. 44, s. 1.2.
32:11D-3. Purpose and findings
The legislative bodies of the respective signatory parties hereby find and declare:
(a) The water resources of the basin are affected with a local, State, regional and national interest and their planning, conservation, utilization, development, management and control, under appropriate arrangements for intergovernmental co-operation, are public purposes of the respective signatory parties.
(b) The water resources of the basin are subject to the sovereign right and responsibility of the signatory parties, and it is the purpose of this compact to provide for a joint exercise of such powers of sovereignty in the common interests of the people of the region.
(c) The water resources of the basin are functionally interrelated, and the uses of these resources are interdependent. A single administrative agency is therefore essential for effective and economical direction, supervision and co-ordination of efforts and programs of Federal, State and local governments and of private enterprise.
(d) The water resources of the Delaware River Basin, if properly planned and utilized, are ample to meet all presently projected demands, including existing and added diversions in future years; and ever-increasing economies and efficiencies in the use and reuse of water resources can be brought about by comprehensive planning, programming and management.
(e) In general, the purposes of this compact are to promote interstate comity; to remove causes of present and future controversy; to make secure and protect present developments within the States; to encourage and provide for the planning, conservation, utilization, development, management and control of the water resources of the basin; to provide for co-operative planning and action by the signatory parties with respect to such water resources; and to apply the principle of equal and uniform treatment to all water users who are similarly situated and to all users of related facilities, without regard to established political boundaries.
L.1961, c. 13, p. 46, s. 1.3.
32:11D-4. Powers of Congress; withdrawal
Nothing in this compact shall be construed to relinquish the functions, powers or duties of the Congress of the United States with respect to the control of any navigable waters within the basin, nor shall any provision hereof be construed in derogation of any of the constitutional powers of the Congress to regulate commerce among the States and with foreign nations. The power and right of the Congress to withdraw the Federal Government as a party to this compact or to revise or modify the terms, conditions and provisions under which it may remain a party by amendment, repeal or modification of any Federal statute applicable thereto is recognized by the signatory parties.
L.1961, c. 13, p. 47, s. 1.4.
32:11D-5. Existing agencies; construction
It is the purpose of the signatory parties to preserve and utilize the functions, powers and duties of existing offices and agencies of government to the extent not inconsistent with this compact, and the commission is authorized and directed to utilize and employ such offices and agencies for the purpose of this compact to the fullest extent it finds feasible and advantageous.