32:17-1. Commissioners authorized to enter into compact
1. Edmund W. Wakelee, Charles W. Baker, William
Childs, Abram De Ronde and Victor H. Berman, or any
three of them, together with the attorney general of the state
of New Jersey, are hereby authorized as
commissioners upon the part of the state of New Jersey to enter
into, with the state of New York, by and
through the commissioners appointed or who may be appointed under or
by virtue of a law passed or to be
passed by the legislature of the state of New York, and with
the approval of the governors of both states, an
agreement or compact in substantially the form following:
32:17-2. Preamble; consideration of agreement
Whereas, heretofore the states of New York and New
Jersey have co-operated in the establishment and
maintenance of an interstate park along the front of the Palisades
in said states and in the mountainous lands
in Rockland and Orange counties in the state of New York, by respectively
enacting legislation creating in each
state a body politic by the name and style of "commissioners
of the Palisades Interstate park" , with power to
acquire lands for such park, and improve and manage the same, and by
respectively appointing, in practically
all cases, the same persons as members of each of such state bodies
politic; and
Whereas, it is confidently believed that the creation,
by interstate compact, of a joint corporate municipal
instrumentality to hold and manage such interstate park will
provide greater flexibility and harmony in the
management of the park,
Now, therefore, in consideration of the premises
and of the mutual advantages and benefits to accrue to the
peoples of the states of New York and New Jersey from this compact
and in consideration of the mutual
covenants of the parties hereto herein contained, the sovereign state
of New York and the sovereign state of
New Jersey do hereby agree as follows:
32:17-3. Palisades Interstate park continued; name; co-operation pledged
ARTICLE I.
1. The park or parks in the state of
New York under the jurisdiction, management or control of
commissioners of the Palisades Interstate park, a body politic
created pursuant to chapter one hundred
seventy of the laws of nineteen hundred of the state of New York
(hereinafter referred to as "New York state
board" ), and the park or parks in the state of New Jersey now under
the jurisdiction, management or control of
commissioners of the Palisades Interstate park, a body politic
created pursuant to chapter eighty-seven of the
laws of nineteen hundred of the state of New Jersey (hereinafter referred
to as "New Jersey state board" , the
New York state board and the New Jersey state board being hereinafter
referred to collectively as "state
boards" ), shall continue to exist and shall be maintained in
the two states as an interstate park for the use of
the public and for the purpose of preserving the scenic beauty
of the Palisades and other lands therein. Such
park shall be called "Palisades Interstate park" .
The parties hereto do hereby agree to and pledge, each to
the other, faithful co-operation in the future planning, improvement,
development, maintenance, government
and management of the park, holding in high trust for the benefit
of the public the special blessings and
natural advantages thereof.
32:17-4. Palisades Interstate park commission created; corporate
powers; membership; appointment;
terms; vacancies; removals; expenses
ARTICLE II.
1. There is hereby created a body corporate
and politic with the name and style of "Palisades Interstate
park commission" (for brevity hereinafter referred to as
"the commission" ) which shall be a joint corporate
municipal instrumentality of both the state of New York and the state
of New Jersey for the purpose of
effecting the objects of this compact and which shall be deemed to
be performing governmental functions of
the two states in the performance of its duties hereunder.
The commission shall have power to sue and be
sued, to use a common seal and to make and adopt suitable by-laws.
The commission shall consist of ten
members, five of whom shall be citizens and residents of the
state of New York and five of whom shall be
citizens and residents of the state of New Jersey. For
the purpose of doing business the members of the
commission shall constitute a board. The present members of the
two state boards shall be the first members
of the commission for their respective states for the remainder of
the terms for which they were respectively
appointed. Each member of the commission shall be a citizen
and resident of the state of which his
predecessor was a citizen and each member of the commission other than
the first members shall be appointed
by the governor of the state of which his predecessor was a citizen,
by and with the approval of the senate of
such state. Each member shall take an oath of office to
perform faithfully all of the duties of his office
according to the best of his ability. Such oath of office
may be administered by any officer of the state of
which such member is a citizen who is authorized to take oaths
of office of any state officer and shall be filed
in the office of the secretary of state of such state. The term
of office of each member other than said first
members shall be five years. Each member shall hold office
until his successor shall have been appointed and
shall have taken his oath of office, but each term shall be deemed
to commence at the end of the preceding
five-year term regardless of when the incumbent is appointed
or takes the oath of office. If a member shall
cease to be a citizen and resident of the state for which he
was appointed, he shall cease to be a member of the
commission. If a member of the commission shall die, resign,
be removed, refuse to act, or cease to be a citizen
and resident of the state for which he was appointed, the vacancy
so created shall be filled, for the unexpired
term only, by the appointment of a citizen and resident of the
state of which such member was a citizen by the
governor thereof, by and with the approval of the senate of such
state. Each member of the commission may
be removed from office for neglect of duty or misconduct in office
by the governor of the state of which such
member is a citizen after giving such member a copy of the charges
against him and an opportunity of being
publicly heard in person or by counsel or both in his own defense,
upon not less than ten days' notice. No
member of the commission shall receive any compensation for his
services as a member, but each member shall
be entitled to receive his actual disbursements for his expenses
in performing the duties of his office. The
commission shall annually choose a president, a vice president,
a treasurer and a secretary from among its
members and may also appoint such other officers as it may deem
necessary or appropriate to carry out the
purposes of this compact.
32:17-5. Functions, jurisdiction, etc., of state boards transferred
to commission; withdrawal or modification
ARTICLE III.
1. There are hereby transferred to the
commission all of the functions, jurisdiction, rights, powers and duties
of the respective state boards, as now prescribed by the laws of the
respective states, and the same shall
hereafter be exercised and performed by the commission, subject to
such modifications thereof as are
contained in this compact. Either the state of New York or the
state of New Jersey may by law applicable to
parks or park commissions generally within such state, or by law specifically
applicable to the commission or to
any of the parks within such state under its jurisdiction, and
without the concurrence of the other state,
withdraw, modify, alter or amend any of the functions, jurisdiction,
rights, powers and duties transferred to
the commission by this article or confer additional functions, jurisdiction,
rights, powers and duties on the
commission, but such action by one state shall be effective only
within the territorial limits of such state. The
commission shall also have such additional functions, jurisdiction,
rights, powers and duties as may be
conferred upon it by both states.
32:17-6. Title to property vested in commission; commission
substituted for state boards; appropriations;
use of lands; legislation as to use of park and regulation of
traffic
ARTICLE IV.
1. All legal and equitable title to or
in any property, tangible or intangible and whether real, personal or
mixed, used or held as a part of, in connection with, or for the purposes
of the park or parks now under the
jurisdiction, management or control of the respective state boards,
or connected with the maintenance or
control thereof, in so far as the same shall have heretofore been vested
in either of such state boards, is hereby
transferred to and vested in the commission, subject to such liens,
easements, permits, life rights and other
contracts relating thereto or in respect thereof as may now lawfully
exist. All such legal and equitable title
shall, upon the taking effect of this compact, forthwith and
thereafter reside in the commission without further
act or deed or transfer.
2. The commission shall succeed and shall be
and hereby is substituted for each of the state boards in so
far as either of them has any obligation or liability to any
person, firm or corporation, has undertaken or
commenced any proceeding or other business, is a party to any
action, suit or proceeding (the substitution of
the commission for either of the state boards in any action,
suit or proceeding to be deemed to be by operation
hereof without motion or order) or has issued or promulgated
any orders, rules or regulations, and also in so
far as, consistent with the other provisions and the purposes of this
compact, the commission should be
regarded as succeeding and as substituted for either of the state
boards in any other respect in order that the
purposes of this compact may be accomplished. The balance
of all appropriations heretofore made by either
state and remaining to the credit of either of the state boards,
to which either state board is entitled, or in the
future would become entitled if its existence continued, shall
be deemed to be appropriations to the
commission herein created, and the commission shall, upon the taking
effect of this compact, succeed to all the
rights to any such appropriations theretofore made with the same
force and effect as if the commission had
originally been specifically named in the respective appropriation
acts instead of the respective state boards
for which such appropriations were made.
3. All lands the title to which is hereby transferred
to or shall hereafter be owned by the commission shall be
and continue under the jurisdiction of the commission and shall
be used only for public park purposes and
none of said lands or any part thereof shall be sold, exchanged
or conveyed except with the consent of both
states by specific enactments; provided, however, that the commission
shall have power to grant easements,
licenses, permits and other rights over any lands held by it
in either state when in the opinion of the
commission the same will not interfere with the use and enjoyment of
the park by the public.
4. Each state may by legislation make rules
and regulations for the use and government, including
regulation of traffic, of such portions of the park as lie within
the boundaries of the state, and such parts of
any state, county or other public highways as lie within the
limits of such portions of the park, and all lands,
parks and parkways in the state under the jurisdiction of the
commission, prescribe the penalty or penalties for
violation of any such rules or regulations, prescribe the procedure
for enforcement of any such penalty or
penalties and provide the court or courts in which any such enforcement
is to be sought.
32:17-7. Gifts, bequests or devises; use of revenue and
income; reports and estimates
ARTICLE V.
1. All money, securities and other property,
real and personal, heretofore received by either of the state
boards or hereafter received by the commission by way of gift,
bequest or devise, may be retained by the
commission and, except in so far as the purpose or manner of
using the same is otherwise specifically
designated or restricted by the terms of any such gift, bequest or
devise, may be used in the commission's
discretion in either state for any park purpose; and the
commission may likewise retain and use all revenue
and income arising solely from such money, securities and other
property so received by way of gift, bequest
or devise or from facilities or operations financed solely by
funds so received. In the case of revenue and
income arising partly from specific property received by way
of gift, bequest or devise or from specific
facilities or operations financed partly by funds so received, the
commission may likewise retain and use such
proportion of such revenue and income as the amount of gifts,
bequests or devises, or the proceeds thereof,
invested in each such property, facility or operation, bears
to the total amount invested therein. The
legislature of either state may from time to time by law specifically
made applicable to the commission prescribe
other terms and conditions upon which or purposes for which any gifts,
bequests or devises thereafter made of
money, securities or other property may be accepted for use in
such state or used in such state or prescribe a
different manner of administering gifts, bequests or devises thereafter
made in such state and the disposition
of all revenues or income arising therefrom.
2. Either state may from time to time by law
require the commission to render to any designated official or
official body of such state such reports and such estimates of revenues
and expenditures as may be specified
in such law.
32:17-8. Pledging credit of state
ARTICLE VI.
1. The commission shall not pledge the
credit of either state except by and with the authority of the
legislature thereof.
32:17-9. Liability for torts
ARTICLE VII.
1. Neither the state of New York nor
the state of New Jersey shall be liable for any torts of the commission,
its members, officers or employees, except as provided by the laws
of such state, but each member, officer and
employee of the commission shall, with respect to any tort committed
by him in the exercise of his duties or in
the course of his employment as such member, officer or employee, be
deemed to be an officer or employee of
the state where such tort was committed, and any liability arising
from such tort shall be governed by the laws
of such state.
32:17-10. Amendment of compact; jurat
ARTICLE VIII.
1. This compact may be amended from time
to time by the concurrent action of the two states who are
parties hereto.
In witness whereof, the sovereign states of New York
and New Jersey, respectively, have caused this
compact to be signed and sealed in triplicate by their respective
commissioners thereunto duly authorized this
day of , nineteen hundred thirty-
.
L.1937, c. 148, s. 1, pp. 364 to 371.
32:17-11. Filling vacancies
If by death, resignation or otherwise, a vacancy
occurs among those appointed hereunder as commissioners
to enter into the aforesaid compact upon behalf of the state of New
Jersey, the governor is hereby authorized
to fill such vacancy.
L.1937, c. 148, s. 2, p. 372.
32:17-12. Consent of congress; effect of compact;
filing copy
The said agreement or compact, when signed and sealed
by the commissioners of each state and by the
governors of the respective states as hereinbefore provided, shall
be presented by said commissioners to the
congress of the United States for its consent and approval, and when
such consent and approval have been
given, said agreement or compact shall become binding upon the state
of New Jersey and thereupon the
commission therein created shall be and become vested with all property
and rights in or to property
transferred to and vested in said commission by the terms of
said agreement or compact, together with all
other rights, powers, duties and obligations provided for therein.
As soon as practicable after obtaining the
consent and approval of the congress of the United States thereto,
an original copy of said agreement or
compact shall be filed in the office of the secretary of state
of the state of New Jersey by the commissioners
named in section one hereof.
L.1937, c. 148, s. 3, p. 372.
32:17-13. Effective date
This act shall take effect immediately.
L.1937, c. 148, s. 4, p. 372.