Bill Text: NJ S1603 | 2016-2017 | Regular Session | Introduced
Bill Title: Authorizes PANYNJ to partially fund trans-Hudson rail tunnel and to participate in project to develop trans-Hudson rail tunnel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Introduced in the Senate, Referred to Senate Transportation Committee [S1603 Detail]
Download: New_Jersey-2016-S1603-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Authorizes PANYNJ to partially fund trans-Hudson rail tunnel and to participate in project to develop trans-Hudson rail tunnel.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing the Port Authority of New York and New Jersey to participate in the development of a trans-Hudson rail tunnel and supplementing Title 32 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The port authority is hereby authorized and empowered to participate in a project that includes the planning, development, construction, operation, maintenance, or ownership of a rail tunnel, with the necessary approaches thereto, across or underneath the Hudson River between New Jersey and New York.
2. The project shall be built and paid for, in part, out of moneys to be raised by the port authority from bonds or other securities or obligations issued or incurred by it pursuant to R.S.32:1-7. Any bonds, other securities, and any other obligations which the port authority may incur shall be issued and incurred upon the terms and conditions as the port authority may deem proper.
3. The port authority may acquire and is hereby authorized to acquire from time to time, for any of the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), any property, whether a fee simple absolute or a lesser estate, by condemnation, including the exercise of the right of eminent domain, under and pursuant to the provisions of the condemnation law of the state of New York in the case of property located in or having its situs in the state of New York, and pursuant to the provisions of Title 20 of the Revised Statutes of New Jersey in the case of property located in or having its situs in the State of New Jersey, or, at the option of the port authority, pursuant to any other and alternate procedure as may be provided by law of the state in which the property is located or has its situs; and all of those statutes for the condemnation of real property shall, for any of the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), be applied also to the condemnation of other property authorized by this section, except that those provisions as pertain to surveys, diagrams, maps, plans or profiles, assessed valuation, lis pendens, service of notice and papers, filing in the office of the clerk in which the real property affected is situated and any other provisions as by their nature cannot be applicable to property other than real property, shall not be applicable to the condemnation of that other property. In the event that any property other than real property is acquired by condemnation under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), then, with respect to that other property, notice of the proceeding and all subsequent notices or court processes shall be served upon the owners of that other property and upon the port authority by personal service or by registered or certified mail, except as may be otherwise directed by the court.
The owner of any property acquired by condemnation or the exercise of the right of eminent domain for any of the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be awarded for that property any increment above the just compensation required by the constitutions of the United States and of the state or states in which the property is located or has its situs by reason of any circumstances whatsoever.
Nothing herein contained shall be construed to prevent the port authority from bringing any proceedings to remove a cloud on title or any other proceedings as it may, in its discretion, deem proper and necessary, or from acquiring any property by negotiation or purchase.
Where a person entitled to an award in the proceedings to condemn any property for any of the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) remains in possession of that property after the time of the vesting of title in the condemnor, the reasonable value of his or her use and occupancy of the property subsequent to that time, as fixed by agreement or by the court in any proceedings or by any court of competent jurisdiction, shall be a lien against the award, subject only to liens of record at the time of the vesting of title in the condemnor.
4. The port authority and its duly authorized agents, and all persons acting under its authority and by its direction, may enter in the daytime into and upon any real property for the purpose of making any surveys, diagrams, maps, plans, soundings, or borings as the port authority may deem necessary, convenient, or desirable for any of the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. The powers hereby granted to the port authority shall be construed to be in aid of and not in limitation or in derogation of any other powers heretofore conferred upon or granted to the port authority.
6. If any clause, sentence, paragraph, subdivision, section or part of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which the judgment shall have been rendered. It is hereby declared to be the intent of the legislature that P.L. , c. (C. ) (pending before the Legislature as this bill) would have been enacted even if the invalid provisions had not been included herein.
7. This act shall take effect upon the enactment into law by the State of New York of legislation having an identical effect, but if the State of New York shall have already enacted such legislation, then this act shall take effect immediately.
STATEMENT
This bill authorizes the Port Authority of New York and New Jersey (port authority) to participate in a project that includes the planning, development, construction, operation, maintenance, or ownership of a rail tunnel, and any necessary railroad approaches, underneath the Hudson River between New Jersey and New York.
The bill authorizes the port authority to acquire property, including by means of condemnation, to fulfill the purposes of the bill. The port authority is authorized under the bill to enter during the daytime upon real property for the purpose of making surveys, diagrams, maps, plans, soundings, or borings, as the port authority may deem necessary, convenient, or desirable, for the purposes of the bill.
