2023 New York Laws › BAT - Bridges and Tunnels New York/New Jersey 47/31

Chapter 47 of the laws of 1931 relating to
bridges and tunnels in New York and New Jersey.
Section  1.  The  state  of  New  Jersey  by  appropriate  legislation
concurring herein, the states of New York and New Jersey hereby  declare
and agree that the vehicular traffic moving across the interstate waters
within  the  port  of New York district, created by the compact of April
thirty, nineteen hundred twenty-one, between the said states, which said
phrase "interstate waters" as used in this act shall include the portion
of the Hudson river within the said port of New York district  north  of
the  New  Jersey  state  line, constitutes a general movement of traffic
which follows the most accessible and practicable routes, and  that  the
users  of each bridge or tunnel over or under the said waters benefit by
the existence of every other bridge or tunnel since all such bridges and
tunnels as a group facilitate the movement of such traffic  and  relieve
congestion  at each of the several bridges and tunnels.  Accordingly the
two said states, in the interest  of  the  users  of  such  bridges  and
tunnels  and  the  general  public,  hereby agree that the construction,
maintenance, operation and control of  all  such  bridges  and  tunnels,
heretofore  or  hereafter  authorized  by  the two said states, shall be
unified under the port of New York  authority  (hereinafter  called  the
port  authority), to the end that the tolls and other revenues therefrom
shall be applied so far as practicable to the costs of the construction,
maintenance and operation of said bridges and tunnels  as  a  group  and
economies  in  operation  effected,  it being the policy of the two said
states that such bridges and tunnels shall as a group be in all respects
self-sustaining.
§  2.  In  furtherance  of  the  aforesaid  policy,  and  in   partial
effectuation  of  the  comprehensive  plan heretofore adopted by the two
said states for the development of the said port of New  York  district,
the  control,  operation,  tolls  and  other  revenues  of the vehicular
tunnel, known as the Holland tunnel, under the Hudson river between  the
city  of  Jersey  City  and the city of New York, shall be vested in the
port authority as hereinafter provided; and the port authority is hereby
authorized and empowered to construct,  own,  maintain  and  operate  an
interstate vehicular crossing under the Hudson river to consist of three
tubes (hereinafter called the Midtown Hudson tunnel), together with such
approaches  thereto  and connections with highways as the port authority
may deem necessary or desirable.
The port authority shall from time to time make studies,  surveys  and
investigations   to   determine  the  necessity  and  practicability  of
vehicular bridges and tunnels over or under interstate waters within the
said port of New York district, in addition to the said  Midtown  Hudson
tunnel  and Holland tunnel and to the George Washington bridge, Goethals
bridge, Outerbridge Crossing and  Bayonne  bridge,  and  report  to  the
governors and legislatures of the two states thereon. The port authority
shall not proceed with the construction of any such additional vehicular
bridges and tunnels over or under said interstate waters until hereafter
expressly  authorized by the two said states, but the second deck of the
George Washington bridge shall be considered an addition and improvement
to the said bridge and not such an additional vehicular bridge, and  the
port authority's power and authorization to construct, own, maintain and
operate  said  second  deck  for highway vehicular or rail rapid transit
traffic or both is hereby acknowledged and confirmed.
Except as may be agreed  upon  between  the  port  authority  and  the
municipality  in  which  they  shall  be  located, the approaches to the
George Washington bridge hereafter constructed  on  the  New  York  side
shall  be  located  as  follows:  between Amsterdam avenue and Pinehurst

avenue, the  approaches  shall  be  located  between  west  One  hundred
seventy-eighth street and west One hundred seventy-ninth street; between
Pinehurst  avenue and Cabrini boulevard, the approaches shall be between
west  One  hundred  seventy-eighth street and west One hundred eightieth
street; between Cabrini boulevard and Haven avenue, the approaches shall
be between west One hundred seventy-seventh street and the line parallel
to the northerly side of west  One  hundred  eightieth  street  and  one
hundred  twenty-five  feet  north of the building line on the north side
thereof; between Haven avenue and Service street  north  of  the  George
Washington  bridge,  the  approaches  shall be between the bridge and an
extension of the building line on the northerly side of west One hundred
eightieth  street.  Except  as  so  limited,  the  port  authority   may
effectuate  such  approaches, connections, highway extensions or highway
improvements as it shall deem necessary or desirable in relation to  the
George Washington bridge, located in or extending across the counties in
which  such  bridge  is  located,  and,  in its discretion, may do so by
agreement with any other public agency; such agreement may  provide  for
the   construction,   ownership,   maintenance   or  operation  of  such
approaches, connections or highway extensions or highway improvements by
such other public agency.
* § 2-a. The port authority shall inspect bridges located  within  the
state  of  New York and under the authority's jurisdiction in accordance
with criteria established for other publicly-owned  bridges  within  the
state.
* NB Effective upon passage by the state of New Jersey.
§  3.  The  entrances, exits and approaches to the said Midtown Hudson
tunnel, on the New York side, shall be between West Thirty-fifth  street
and  West  Forty-first street and in the vicinity of Ninth avenue and to
the west thereof, in the borough of Manhattan, city  of  New  York.  The
approaches  to  the  said  Midtown  Hudson tunnel on the New Jersey side
shall be so located and constructed as to permit tunnel traffic to  pass
over  or  under  the  tracks  of  the  New York, Susquehanna and Western
Railroad Company and  the  Northern  Railroad  Company  of  New  Jersey,
immediately  west  of the Palisades, without crossing the said tracks at
grade, and as to permit connections with New Jersey state highway routes
in the vicinity of the said tracks. The said Midtown Hudson tunnel shall
have an appropriate entrance and exit  in  the  township  of  Weehawken,
county of Hudson, state of New Jersey.
§  4.  The  port  authority  shall, so far as it deems it practicable,
treat as a single unified operation the  construction,  maintenance  and
operation  of  the  said Midtown Hudson tunnel, the said Holland tunnel,
the two vehicular bridges over the Arthur  Kill,  the  vehicular  bridge
over  the  Kill  van Kull, the vehicular bridge over the Hudson river at
Fort Lee, and any other  vehicular  bridges  or  tunnels  which  it  may
construct  or  operate,  raising moneys for the construction thereof and
for the making of additions and improvements thereto in whole or in part
upon its own obligations, and establishing and levying  such  tolls  and
other  charges  as  it  may  deem  necessary  to secure from all of such
bridges and tunnels as a group, at least sufficient revenue to meet  the
expenses  of the construction, maintenance and operation of such bridges
and tunnels as a group, and to provide for the payment of  the  interest
upon and amortization and retirement of and the fulfillment of the terms
of  all  bonds  and  other  securities and obligations which it may have
issued or incurred in connection therewith.
The additions and improvements to bridges and tunnels  constructed  or
operated  by  it  which  the  port  authority  is  hereby  authorized to
effectuate shall include but not be limited to  parking  facilities,  by
which  is  meant  transportation  facilities  consisting  of one or more

areas, buildings, structures, improvements, or other  accommodations  or
appurtenances  necessary,  convenient or desirable in the opinion of the
port authority for the parking or storage of motor vehicles of users  of
such bridges and tunnels and other members of the general public and for
the  transfer  of the operators and passengers of such motor vehicles to
and from omnibuses and other motor vehicles operated by carriers over or
through such bridges or tunnels, and for purposes incidental thereto.
Nothing herein contained shall be deemed to prevent the port authority
from establishing, levying and collecting tolls  and  other  charges  in
connection  with  any parking facility in addition to and other than the
tolls or charges established, levied and collected  in  connection  with
the  bridge  or tunnel to which such parking facility is an addition and
improvement or any other bridge or tunnel.
The port authority shall not proceed  with  the  construction  of  any
parking  facility as an addition and improvement to any bridge or tunnel
other than a parking facility in the township of  North  Bergen  in  the
state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
and its approaches and connections, except as  heretofore  or  hereafter
expressly authorized.
§  4A.  The  port authority is hereby authorized and empowered, in its
discretion, to  construct,  own,  maintain  and  operate  in  Washington
Heights  in  the borough of Manhattan, New York city, as an addition and
improvement to the vehicular bridge over the Hudson river at  Fort  Lee,
known  as  and  hereinafter  in  this  section referred to as the George
Washington bridge, a  bus  passenger  facility,  by  which  is  meant  a
facility  consisting of one or more buildings, structures, improvements,
loading or unloading areas, parking areas or other facilities necessary,
convenient or desirable in the opinion of the  port  authority  for  the
accommodation of omnibuses and other motor vehicles operated by carriers
engaged  in  the  transportation  of  passengers,  or  for  the loading,
unloading, interchange or transfer of such passengers or their  baggage,
or   otherwise  for  the  accommodation,  use  or  convenience  of  such
passengers  or  such  carriers  or  their  employees  and  for  purposes
incidental thereto.
Nothing herein contained shall be deemed to prevent the port authority
from  establishing,  levying  and  collecting tolls and other charges in
connection with such bus passenger facility in  addition  to  and  other
than   the  tolls  or  charges  established,  levied  and  collected  in
connection with the George Washington bridge  or  any  other  bridge  or
tunnel.
§  5.  The  control,  operation,  tolls and other revenues of the said
Holland tunnel and its entrance and exit plazas  and  of  all  real  and
personal  property  appurtenant thereto or used in connection therewith,
shall vest in the port  authority  upon  the  making  of  the  following
payments by the port authority to each of the said two states:
(a) An amount equal to the moneys contributed by such state toward the
cost  of  construction of the said Holland tunnel, with interest thereon
at the rate of four and one-quarter percentum per annum from the date or
dates on which such moneys were contributed by such state to the date of
the payment to such state;
(b) Less, however, the share of such state in the net revenues of  the
said  tunnel  to the date of the said payment, and less interest on such
net revenues at the rate of four and  one-quarter  percentum  per  annum
from  the  dates  on  which  the said net revenues were received by such
state to the date of the said payment;
(c) And in the case of the payment to the state of New York,  less  an
amount equal to the moneys which the said state has agreed to advance to
the  port authority (but which have not as yet been advanced to the port

authority) in aid  of  bridge  construction,  during  the  fiscal  years
commencing   in   nineteen   hundred  thirty-one  and  nineteen  hundred
thirty-two, pursuant to chapter seven hundred and sixty-one of the  laws
of  New York of nineteen hundred twenty-six and chapter three hundred of
the  laws  of  New  York  of  nineteen  hundred  twenty-seven  and  acts
amendatory thereof and supplemental thereto, discounted, however, in the
case  of each advance at the rate of four and one-quarter per centum per
annum, from the date of the said payment to the state of New York to the
date upon which  such  advance  is  to  be  available  pursuant  to  the
aforesaid statutes.
In computing interest as aforesaid upon the moneys contributed by each
of  the  said  two  states  toward  the cost of construction of the said
Holland tunnel, such moneys shall be deemed to have been contributed  by
such  state  upon  the first day of the month following the month during
which there were presented to the comptroller of such  state  for  audit
and  payment,  the  schedules and vouchers pursuant to which such moneys
were paid. In computing interest as  aforesaid  upon  the  net  revenues
received  by  each  of  the  said two states, such net revenues shall be
deemed to have been received by such  state  upon  the  date  when  such
revenues  were credited to such state or to the commission of such state
pursuant to paragraph eleven of  article  fourteen  of  the  compact  of
December thirty, nineteen hundred nineteen, between the two said states.
§  6.  If  the  amount  paid by the port authority to the state of New
Jersey pursuant to the preceding section of this act shall be less  than
an  amount  which,  together  with  the  moneys then in the sinking fund
established by chapter three hundred and fifty-two of the  laws  of  New
Jersey  of nineteen hundred twenty and chapter two hundred and sixty-two
of the laws of New Jersey of nineteen hundred  twenty-four,  hereinafter
called  the  New Jersey Camden bridge-Holland tunnel sinking fund (other
than moneys set apart to pay interest for the then current year upon the
bonds of the state of New Jersey authorized by the aforesaid acts of the
state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
tunnel bonds), will be  equal  to  the  principal  amount  of  the  then
outstanding  New  Jersey Camden bridge-Holland tunnel bonds, then and in
such event, the port authority shall in addition pay to the state of New
Jersey an amount which, together with the amount paid under and pursuant
to the preceding section hereof and the moneys then in said  New  Jersey
Camden  bridge-Holland  tunnel  sinking  fund,  will  be  equal  to  the
principal  amount  of   the   then   outstanding   New   Jersey   Camden
bridge-Holland  tunnel  bonds;  and shall, moreover, pay to the state of
New York a like amount.
§ 7. The amount payable by the port authority to the state of New York
pursuant to sections five and six of this act shall be paid by the  port
authority  into the treasury of the state of New York upon the thirtieth
day of June, nineteen hundred thirty-one, or at an earlier date  at  the
option  of the port authority on five days' notice to the comptroller of
the state of New York, upon a voucher signed and  audited  by  the  said
comptroller,   who   is   hereby   authorized  to  consummate  the  said
transaction.
§ 8. The amount payable by the port authority  to  the  state  of  New
Jersey  pursuant  to  sections five and six of this act shall be paid by
the port authority to  the  sinking  fund  commission  created  by  said
chapter  three  hundred  and  fifty-two  of  the  laws  of New Jersey of
nineteen hundred twenty and said chapter two hundred  and  sixty-two  of
the  laws  of  New  Jersey  of nineteen hundred twenty-four, hereinafter
called  the  New  Jersey  Camden  bridge-Holland  tunnel  sinking   fund
commission  upon the thirtieth day of June, nineteen hundred thirty-one,
or such other date as may be  agreed  upon  by  the  said  sinking  fund

commission  and the port authority, upon a voucher signed and audited by
the said sinking  fund  commission,  which  said  commission  is  hereby
authorized  to consummate said transaction; and the said moneys shall be
deposited  in  the  said New Jersey Camden bridge-Holland tunnel sinking
fund, and shall for all purposes be deemed to  be  a  part  thereof  and
subject  to  the  appropriation  of the moneys in the said sinking fund,
made by the aforesaid statutes of the state of New Jersey.
The income and interest received from or accruing upon the  moneys  in
the  aforesaid New Jersey Camden bridge-Holland tunnel sinking fund, and
from the investment thereof, shall be set apart and held by the said New
Jersey Camden bridge-Holland tunnel  sinking  fund  commission  for  the
payment  of  interest  on New Jersey Camden bridge-Holland tunnel bonds,
and shall be subject to the appropriation made of moneys  so  set  apart
and  held,  by  the  aforesaid  statutes of the state of New Jersey, and
shall be applied to the payment of such interest.
§ 9. Upon the making of the foregoing payments by the  port  authority
to  the  two  said  states,  the  provisions  of the compact of December
thirty, nineteen hundred nineteen, between the said two states, relating
to the construction  and  operation  of  the  said  Holland  tunnel,  as
amended, so far as inconsistent herewith or with the rules, practice and
procedure or general authority of the port authority, shall be and shall
be  deemed  to  be abrogated; and chapter four hundred and twenty-one of
the laws of New York of nineteen hundred thirty, and chapter two hundred
and forty-seven of the laws of New Jersey of  nineteen  hundred  thirty,
making the port authority the agent of the two states in connection with
the operation of the said Holland tunnel shall cease to be effective.
§ 10. The plans of the connections with state or municipal highways of
any  vehicular  bridge  or tunnel which the port authority may hereafter
construct (including the plans of any additional connections of existing
bridges or tunnels with state or municipal highways), shall  be  subject
to  the  approval of the governor of the state in which such connections
shall be located. Either state may require  by  appropriate  legislation
that   such  connections  shall  be  subject  to  the  approval  of  the
municipality of that state in which they shall be located; and  in  such
event,  the  approval of such municipality shall be given as provided in
article twelve of the said compact of  April  thirty,  nineteen  hundred
twenty-one. Except as limited herein, the port authority shall determine
all matters pertaining to such bridges and tunnels.
§ 11. The port authority is hereby authorized to make and enforce such
rules  and regulations and to establish, levy and collect such tolls and
other charges in connection with any vehicular bridges and tunnels which
it may now or hereafter be authorized  to  own,  construct,  operate  or
control  (including  the said Holland tunnel and the said Midtown Hudson
tunnel), as it may deem necessary, proper or desirable, which said tolls
and charges shall be at least sufficient to meet  the  expenses  of  the
construction,  operation and maintenance thereof, and to provide for the
payment of, with interest upon, and the amortization and  retirement  of
bonds  or  other securities or obligations issued or incurred for bridge
or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
construction,  operation  and  maintenance  of such bridges and tunnels,
such proportion of the general expenses of  the  port  authority  as  it
shall deem properly chargeable thereto.
The  moneys  in  the  general  reserve  fund  of  the  port  authority
(authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
New York of nineteen hundred thirty-one, as amended) may be  pledged  in
whole  or in part by the port authority as security for or applied by it
to the repayment with interest of any moneys which  it  may  raise  upon

bonds or other securities or obligations issued or incurred from time to
time  for any of the purposes of this act or secured in whole or in part
by the pledge of the revenues of the port authority from any  bridge  or
tunnel  or  both so issued or incurred and so secured; and the moneys in
said general reserve fund may be applied by the port  authority  to  the
fulfillment  of any other undertakings which it may assume to or for the
benefit  of  the  holders  of  any  such  bonds,  securities  or   other
obligations.
Subject  to prior liens and pledges (and to the obligation of the port
authority to apply revenues to the maintenance of  its  general  reserve
fund  in  the  amount  prescribed  by the said statutes authorizing said
fund), the revenues of the port authority from  facilities  established,
constructed,  acquired  or  effectuated  through the issuance or sale of
bonds of the port authority secured by a pledge of its  general  reserve
fund may be pledged in whole or in part as security for or applied by it
to  the  repayment  with  interest of any moneys which it may raise upon
bonds or other securities or obligations issued or incurred from time to
time for any of the purposes of this act or secured in whole or in  part
by  the  pledge of the revenues of the port authority from any bridge or
tunnel or both so issued or incurred and so secured, and  said  revenues
may  be  applied  by  the port authority to the fulfillment of any other
undertakings which it may assume to or for the benefit of the holders of
such bonds, securities or other obligations.
In the event that at any time the balance of moneys  theretofore  paid
into  the general reserve fund and not applied therefrom shall exceed an
amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
investment, as defined and limited in the said statutes authorizing said
fund,  issued  by  the  port authority and currently outstanding at such
time, by reason of the  retirement  of  bonds  or  other  securities  or
obligations issued or incurred from time to time for any of the purposes
of this act or secured in whole or in part by the pledge of the revenues
of  the  port  authority  from any bridge or tunnel or both so issued or
incurred and so secured, the par value of  which  had  theretofore  been
included  in  the computation of said one-tenth, then the port authority
may pledge or apply such excess for and only for the purposes for  which
it  is  authorized  by the said statutes authorizing said fund to pledge
the moneys in the general reserve fund and such pledge may  be  made  in
advance of the time when such excess may occur.
§  12. The two said states covenant and agree with each other and with
the holders of any bonds or other securities or obligations of the  port
authority,  issued  or  incurred  for  bridge  or tunnel purposes and as
security for which there may or shall be pledged the tolls and  revenues
or  any  part  thereof  of any vehicular bridge or tunnel (including the
said Holland tunnel and the said Midtown Hudson tunnel),  that  the  two
said  states will not, so long as any of such bonds or other obligations
remain outstanding and unpaid, diminish or impair the power of the  port
authority  to  establish,  levy  and  collect tolls and other charges in
connection therewith; and that the two said states will not, so long  as
any  of  such  bonds or other obligations remain outstanding and unpaid,
authorize the construction of any vehicular bridges or tunnels  over  or
under  interstate  waters  as herein defined within the said port of New
York district, by any person or body other than the port  authority,  in
competition  with  those  whose  tolls  or other revenues are pledged as
aforesaid; provided that nothing herein contained  shall  be  deemed  to
refer  to  the  bridge authorized by the act of congress of July eleven,
eighteen hundred ninety, chapter six hundred and  sixty-nine,  and  acts
amendatory  thereof  and supplemental thereto; and provided further that
nothing  herein  contained  shall  preclude  the  authorization  of  the

construction  of such competitive tunnels or bridges by other persons or
bodies if and when adequate provision shall  be  made  by  law  for  the
protection of those advancing money upon such obligations.
§ 13. The bonds or other securities or obligations which may be issued
or  incurred  by the port authority pursuant to this act, or as security
for which there may be pledged the tolls and other revenues or any  part
thereof  of  any  vehicular bridge or tunnel (including the said Holland
tunnel and the said Midtown Hudson tunnel) now or  hereafter  authorized
by the two said states or both so issued or incurred and so secured, are
hereby  made  securities  in  which all state and municipal officers and
bodies, all banks, bankers, trust companies, savings banks, savings  and
loan  associations, investment companies and other persons carrying on a
banking business, all insurance companies,  insurance  associations  and
other persons carrying on an insurance business, and all administrators,
executors,  guardians,  trustees  and  other  fiduciaries  and all other
persons whatsoever who are now or may hereafter be authorized to  invest
in  bonds  or  other  obligations of the state, may properly and legally
invest any funds, including capital, belonging to them or  within  their
control;  and  said  bonds or other securities or obligations are hereby
made securities which may properly and legally  be  deposited  with  and
shall  be  received  by any state or municipal officer or agency for any
purpose for which the deposit of bonds  or  other  obligations  of  this
state is now or may hereafter be authorized.
§ 14. The construction, maintenance and operation of vehicular bridges
and  tunnels  within  the  said port of New York district (including the
said Holland tunnel and the said Midtown Hudson tunnel), are and will be
in all respects for the benefit of the people of the states of New  York
and  New  Jersey,  for the increase of their commerce and prosperity and
for the improvement of their health and living conditions; and the  port
authority  shall  be  regarded  as  performing an essential governmental
function in undertaking  the  construction,  maintenance  and  operation
thereof  and in carrying out the provisions of law relating thereto, and
shall be required to pay  no  taxes  or  assessments  upon  any  of  the
property acquired or used by it for such purposes.
§  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.
§  16.  Anything  in  this  act  to  the  contrary notwithstanding, no
property now or hereafter  vested  in  or  held  by  any  county,  city,
borough,  village,  township or other municipality shall be taken by the
port authority, without the authority or consent of such  county,  city,
borough,  village,  township  or  other municipality as provided in said
compact of April thirty, nineteen hundred twenty-one, provided that  the
state  in  which  such county, city, borough, village, township or other
municipality is located may authorize such property to be taken  by  the
port  authority  by condemnation or the exercise of the right of eminent
domain without such authority or  consent;  nor  shall  anything  herein
impair or invalidate in any way any bonded indebtedness of the state, or
such county, city, borough, village, township or other municipality, nor
impair  the  provisions of law regulating the payment into sinking funds
of revenue derived from municipal property, or dedicating  the  revenues
derived  from  municipal  property,  to  a  specific  purpose.  The port
authority is hereby authorized and empowered to acquire  from  any  such
county,  city, borough, village, township or other municipality, or from
any other  public  agency  or  commission  having  jurisdiction  in  the
premises,  by  agreement  therewith,  and  such  county,  city, borough,
village,  township,   municipality,   public   agency   or   commission,
notwithstanding  any contrary provision of law, is hereby authorized and
empowered to grant and convey upon reasonable terms and conditions,  any
real  property,  which  may be necessary for the construction, operation
and maintenance  of  such  bridges  and  tunnels,  including  such  real
property  as  has  already been devoted to a public use. Each of the two
said states hereby consent  to  the  use  and  occupation  of  the  real
property  of  such  state  necessary for the construction, operation and
maintenance of bridges and tunnels constructed or operated  pursuant  to
the  provisions  of  this  act, including lands of the state lying under
water.
§ 17. The port authority and its duly authorized agents and  employees
may  enter  upon  any  land in this state for the purpose of making such
surveys, maps, or other examinations thereof as it may deem necessary or
convenient for the purposes of this act.
§ 19. The term "real property" as used  in  this  act  is  defined  to
include  lands, structures, franchises, and interests in land, including
lands under water and riparian rights, and any and all things and rights
usually included within the said term, and includes not only fees simple
absolute but also any and  all  lesser  interests,  such  as  easements,
rights  of  way,  uses,  leases,  licenses  and  all  other  incorporeal
hereditaments and every estate, interest or right, legal  or  equitable,

including  terms  of  years,  and  liens  thereon  by  way of judgments,
mortgages or otherwise, and also claims for damage to real estate.
§  20.  Nothing  herein  contained  shall be construed to authorize or
permit the port authority to undertake the construction of any vehicular
bridge or tunnel over or under the Arthur Kill, unless or until adequate
provision has been made by law for the  protection  of  those  advancing
money upon the obligations of the port authority for the construction of
the  bridges  mentioned  in  chapter  two hundred and ten of the laws of
nineteen hundred twenty-five,  or  the  construction  of  any  vehicular
bridge or tunnel over or under the Hudson river, at or north of Sixtieth
street  in  the  borough of Manhattan, city of New York, unless or until
adequate provision has been made by law  for  the  protection  of  those
advancing  money  upon  the  obligations  of  the port authority for the
construction of the  bridge  mentioned  in  chapter  seven  hundred  and
sixty-one   of   the   laws  of  nineteen  hundred  twenty-six,  or  the
construction of any vehicular bridge or tunnel over or  under  the  Kill
van Kull unless or until adequate provision has been made by law for the
protection  of  those  advancing  money upon the obligations of the port
authority for the construction of the bridge mentioned in chapter  three
hundred of the laws of nineteen hundred twenty-seven.
§  21.  This section and the preceding sections hereof, except section
eighteen, constitute an agreement between the states of New York and New
Jersey supplementary to the compact between the two states  dated  April
thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
be liberally construed to effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  any
powers  granted  to the port authority by this act shall be deemed to be
in aid of and supplementary to and in no  case  a  limitation  upon  the
powers  heretofore  vested  in the port authority by the two said states
and/or by congress, except as herein otherwise provided.
Any  declarations  contained  in  this  act  with   respect   to   the
governmental  nature  of  bridges  and  tunnels  and to the exemption of
bridge and tunnel property from taxation and to the  discretion  of  the
port authority with respect to bridge and tunnel operations shall not be
construed to imply that other port authority property and operations are
not  of  a governmental nature, or that they are subject to taxation, or
that the determinations of the port authority with respect  thereto  are
not conclusive.
The  powers  vested  in  the  port authority herein (including but not
limited to the powers to acquire real property by  condemnation  and  to
make  or effectuate additions, improvements, approaches and connections)
shall be continuing powers and no exercise thereof shall  be  deemed  to
exhaust them or any of them.
§  22. Nothing herein contained shall be construed to affect, diminish
or impair the rights and obligations created by, or to repeal any of the
provisions of chapter three hundred and fifty-two of  the  laws  of  New
Jersey  of nineteen hundred twenty and chapter two hundred and sixty-two
of the laws of New Jersey of nineteen hundred twenty-four.
If, however, any loss shall be suffered  by  or  accrue  to  the  said
sinking  fund,  and  if,  after  the  making  of the payment by the port
authority to the state of  New  Jersey  as  hereinbefore  provided,  the
moneys in the said sinking fund shall at any time be or become less than
an   amount  equal  to  the  principal  amount  of  the  then  currently
outstanding New Jersey Camden bridge-Holland tunnel  bonds,  or  if  the
income  and  interest currently received from or currently accruing upon
the moneys in the said sinking fund shall be or become  insufficient  to
pay  the  interest  currently  accruing  upon  or  currently  payable in
connection with the aforesaid New Jersey  Camden  bridge-Holland  tunnel

bonds,  the  state of New Jersey represents and agrees that it will make
good such deficits out of sources other  than  revenues  from  the  said
Holland tunnel.
The  said  payment  by  the  port authority to the state of New Jersey
constitutes repayment for all  moneys  contributed  by  the  said  state
toward  the  cost  of construction of the said Holland tunnel, including
the moneys diverted  and  appropriated  by  chapter  three  hundred  and
nineteen  of  the  laws of New Jersey of nineteen hundred twenty-six and
chapter fifty-eight of the  laws  of  New  Jersey  of  nineteen  hundred
twenty-seven  from the road fund, created by chapter fifteen of the laws
of New Jersey of nineteen hundred seventeen. The requirement of  chapter
fifty-eight  of  the laws of New Jersey of nineteen hundred twenty-seven
that the said moneys diverted and appropriated by the said  statutes  of
the  state of New Jersey shall be returned and credited to the said road
fund, with interest, shall be and shall be deemed to  be  satisfied  and
discharged  so  far  as  it  relates  to  the  revenues arising from the
operation of the said Holland tunnel.
The provisions  of  this  section  shall  constitute  a  covenant  and
agreement  by  the  state  of New York with the state of New Jersey, the
port authority and the holders of any bonds or other obligations of  the
port  authority,  as  security  for which the tolls and revenues of said
Holland tunnel may be pledged.
§ 23. Nothing herein contained shall be construed to impair in any way
the obligation of the port authority to repay to the two states  any  or
all  advances  made  by  them  to  the  port  authority in aid of bridge
construction.
§ 24. This act shall take effect upon the enactment into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation this act shall take effect immediately.