Pennsylvania Act 1955-241 — AUTHORIZING DELAWARE RIVER PORT AUTHORITY TO ERECT A TOLL BRIDGE

Act text

AUTHORIZING DELAWARE RIVER PORT AUTHORITY TO ERECT A TOLL BRIDGE
                 Act of Dec. 13, 1955, P.L. 830, No. 241              Cl. 36
                                  AN ACT

     Authorizing and empowering the Delaware River Port Authority to
        finance, construct, erect, acquire, operate, maintain and own
        a new toll bridge for vehicular traffic across the Delaware
        River between Philadelphia County, Pennsylvania, and
        Burlington County or Camden County, New Jersey, at a location
        to be selected by the said Delaware River Port Authority,
        between a point or points within a three-mile radius of the
        intersection of State Road and Levick Street in the City of
        Philadelphia, Pennsylvania, and a point or points within a
        three-mile radius of the intersection of New Jersey State
        Route No. 73, Market Street and Temple Boulevard in the
        Borough of Palmyra, County of Burlington, New Jersey,
        together with such approaches thereto and such highway
        connections as may be necessary or desirable, and granting
        and defining and continuing certain powers of eminent domain
        and other functions, powers, duties and privileges; all of
        said actions to be taken pursuant to and in accordance with
        this act and the Compact or Agreement and amendments or
        supplements thereto between New Jersey and Pennsylvania,
        dated July one, one thousand nine hundred thirty-one, August
        twenty-three, one thousand nine hundred fifty-one, and August
        thirty, one thousand nine hundred fifty-one, and the consent
        by the Congress of the United States thereto.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Delaware River Port Authority (hereinafter
     sometimes called the "Authority") after investigation and study,
     having concluded plans, with estimates of cost and means of
     financing, for a new project for transportation across the
     Delaware River within the Port District, consisting of a new
     toll bridge for vehicular traffic across the Delaware River
     between a point or points within a one-mile radius of the
     intersection of Hedley Street and Delaware Avenue, in the City
     of Philadelphia, Commonwealth of Pennsylvania, and a point or
     points within a one-mile radius of the intersection of Derousse
     Avenue and River Road in the Township of Pennsauken, County of
     Camden, State of New Jersey, together with such approaches
     thereto and such highway connections as may be necessary or
     desirable (herein sometimes called collectively "new toll
     bridge"), and the Authority having made to the Legislatures of
     the Commonwealth of Pennsylvania and the State of New Jersey a
     detailed report in 1963 dealing only with said project and
     having requested of said Legislatures authority to proceed with
     the project described in said report, all pursuant to, in
     accordance with and as provided in the Compact or Agreement
     between the Commonwealth of Pennsylvania and the State of New
     Jersey hereinafter mentioned, the Authority is hereby authorized
     and empowered to finance, construct, erect, acquire, operate,
     maintain and own such a new toll bridge for vehicular traffic,
     together with such approaches thereto and highway connections as
     the Authority may deem necessary or desirable, and to proceed
     with the said project outlined in said detailed report. The
     Authority, in addition to other public purposes now or hereafter
     provided for it and other powers and duties now or hereafter
     conferred upon it and not in limitation thereof and
     notwithstanding any of the provisions of any act, shall have
     among its authorized purposes such financing, construction,
     erection, acquisition, operation, maintenance and ownership of
     such new toll bridge for vehicular traffic all pursuant to, in
     accordance with and as provided in this act and the Agreement or
     Compact as heretofore or hereafter amended or supplemented
     (herein sometimes called the "Compact") between the Commonwealth
     of Pennsylvania and State of New Jersey creating The Delaware
     River Port Authority as a body corporate and politic, and
     defining its powers and duties, which said Compact as amended or
     supplemented to January 1, 1963, is duly authorized by the Acts
     of the Commonwealth of Pennsylvania, approved June twelve, one
     thousand nine hundred thirty-one, Act No. 200, Pamphlet Laws
     575, July eighteen, one thousand nine hundred fifty-one, Act No.
     214, Pamphlet Laws 1010, August ten, one thousand nine hundred
     fifty-one, Act No. 274, Pamphlet Laws 1206; and by the laws of
     the State of New Jersey, approved June thirty, one thousand nine
     hundred thirty-one, Chapter 391, Pamphlet Laws 1931, June
     twenty-six, one thousand nine hundred fifty-one, Chapter 287,
     Pamphlet Laws 1951, June twenty-six, one thousand nine hundred
     fifty-one, Chapter 288, Pamphlet Laws 1951, and has been duly
     consented to by the Congress of the United States by Public
     Resolution No. 26, Seventy-second Congress (S. J. Resolution 41)
     approved June fourteen, one thousand nine hundred thirty-two,
     Public Law 573, Chapter 921, Eighty-second Congress, Second
     Session, approved July seventeen, one thousand nine hundred
     fifty-two, Public Law 574, Chapter 922, Eighty-second Congress,
     Second Session, approved July seventeen, one thousand nine
     hundred fifty-two.
        (1 amended Aug. 24, 1963, P.L.1206, No.507)
        Section 2.  (a) For the effectuation of any of its purposes,
     authorized by this act, the Authority is hereby granted, in
     addition to and in support of any other powers heretofore or
     hereafter granted to it, power and authority to acquire in its
     name by purchase or otherwise, on such terms and conditions and
     in such manner as it may deem proper, or by the exercise of the
     power of eminent domain, any land and other property which it
     may determine is reasonably necessary for the new toll bridge
     referred to in this act or for the construction of such
     approaches thereto or highway connections as the Authority shall
     deem necessary, and any and all rights, title and interest in
     such land and other property, including public lands, parks,
     playgrounds, reservations, highways, or parkways, owned by or in
     which any county, city, borough, town, township, village, or
     other political subdivision of the Commonwealth of Pennsylvania
     or State of New Jersey has any right, title or interest, or
     parts thereof or rights therein and any fee simple absolute or
     any lesser interest in private property, and any fee simple
     absolute in easements upon, or the benefit of restrictions upon,
     abutting property to preserve and protect such bridge, the
     approaches thereto or highway connections. Upon the exercise of
     the power of eminent domain under this act, the compensation to
     be paid with regard to property located in the Commonwealth of
     Pennsylvania shall be ascertained and paid as provided by the
     act of July nine, one thousand nine hundred nineteen (Pamphlet
     Laws 814) and acts amendatory thereof and supplementary thereto
     insofar as the provisions thereof are applicable and not
     inconsistent with the provisions of the Compact and of this act,
     and upon the exercise of the power of eminent domain, the
     compensation to be paid with regard to property located in the
     State of New Jersey shall be ascertained and paid in the manner
     provided in chapter one of Title 20 of the Revised Statutes of
     New Jersey insofar as the provisions thereof are applicable and
     not inconsistent with the provisions of the Compact and of this
     act. The Authority may join, in separate subdivisions in one
     petition or complaint, the descriptions of any number of tracts
     or parcels of land or property to be condemned and the names of
     any number of owners and other parties who may have an interest
     therein and all such land or property included in said petition
     or complaint may be condemned in a single proceeding: Provided,
     however, That separate awards shall be made for each tract or
     parcel of land or property: And provided further, That each of
     said tracts or parcels of land or property lies wholly in or has
     a substantial part of its value lying wholly within the same
     county.
        (b)  Whenever the Authority acquires under this section 2 the
     whole or any part of the right of way of a public utility
     located in the Commonwealth of Pennsylvania, the Authority
     shall, at its own expense, provide a substitute right of way on
     another and favorable location. Such public utility shall
     thereupon provide for the transfer to or reconstruction upon,
     in, under or above said substitute right of way of any
     structures and facilities of said public utility located upon,
     in, under or above said original right of way at the time the
     same is so acquired. The Authority is hereby authorized to enter
     into agreements with such public utility to contribute toward
     the expense of such transfer or reconstruction, and in the event
     that they are unable to agree on the amount to be paid, the
     matter shall be referred to the Pennsylvania Public Utility
     Commission, which shall, after hearing thereon, make a finding
     of the amount to be paid to such public utility by the
     Authority. In case of failure of such public utility, within a
     reasonable time after notice so to do, to remove its facilities
     to such substitute right of way, the Pennsylvania Public Utility
     Commission shall have jurisdiction, on petition of the
     Authority, to order such transfer or reconstruction. Any party
     to such proceedings shall have the right of appeal from the
     ruling of the Pennsylvania Public Utility Commission. The
     Authority is hereby authorized to acquire, by purchase or by the
     exercise of the power of eminent domain, any necessary land or
     right of way for the relocation of any such public utility right
     of way and facilities. The substitute right of way thus acquired
     shall be equal in estate to the original right of way acquired
     from the public utility and the Authority shall deliver to the
     public utility a deed, duly executed and acknowledged, conveying
     to it an estate in the substitute right of way, at least equal
     to that owned by the public utility in the original right of
     way, or if such substitute right of way is to be acquired by
     purchase, the Authority shall procure and deliver to the public
     utility a deed conveying such estate to it from the owner of the
     land on which such substitute right of way is located. This
     subsection (b) shall have no application to the relocation of
     public utility facilities located in the beds of public streets,
     roads or highways.
        (2 amended Aug. 24, 1963, P.L.1206, No.507)
        Section 3.  The Commonwealth of Pennsylvania and State of New
     Jersey hereby consent to the use and occupation by the Authority
     of any real property of the said States which may be, or become,
     necessary or convenient to the effectuation of the authorized
     purposes of the Authority, including lands lying under water and
     lands already devoted to public use.
        Section 4.  The term "property," as used herein, includes
     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, claims for damages to real estate, and includes also
     personal property, franchises and any other rights granted by
     any statute or covenant.
        Section 5.  The Authority and its duly authorized agents and
     employes may enter upon any land in the Commonwealth of
     Pennsylvania and State of New Jersey for the purpose of making
     such surveys, maps or other examinations thereof as it may deem
     necessary or convenient for the purpose of constructing the
     bridge, approaches and highway connections authorized hereby.
        Section 6.  In addition to all tax exemptions given by the
     Compact to the Authority, to its property, and to the bonds or
     other securities or obligations issued by it, no property, real
     or personal, nor its transfer or use, shall be subject to any
     tax by the Commonwealth of Pennsylvania or the State of New
     Jersey, or any political subdivisions of either of them, imposed
     on the purchase, use, sale, transfer or on the privilege of
     transferring title to such property, or on the execution,
     delivery or recording of any written instrument in connection
     therewith, to or by the Authority, in carrying out the project
     authorized by this act or in carrying out any other undertaking
     of the Authority.
        Section 7.  Notwithstanding any of the provisions of this
     act, the Authority shall not, in connection with the new toll
     bridge, construct any approach or highway connection in the
     Commonwealth of Pennsylvania unless and until the Department of
     Highways of said Commonwealth shall have filed with the
     Authority its written consent to the location and general plans
     of the approaches and highway connections, and the Authority
     shall not, in connection with the new toll bridge, construct any
     approach or highway connection in the State of New Jersey unless
     and until the State Highway Department of said State shall have
     filed with the Authority its written consent to the location and
     general plans of the approaches and highway connections. As used
     in this paragraph, the term "approach" or "highway connection"
     means and includes any highway, road or structure for passage of
     vehicles, located inland of any of the established bulkhead
     lines of the Delaware River, including any highway, road or
     structure for passage of vehicles, necessary to create access to
     the new toll bridge referred to in this act or to connect such
     bridge with a highway system or other traffic facilities, or
     necessary to facilitate the flow of traffic in the vicinity of
     such bridge.
        Section 8.  As provided in the Compact and, in any event, not
     in derogation of any powers granted therein or in any manner
     heretofore, the Authority is authorized to establish, levy,
     collect and combine tolls, rents, rates, and other charges and
     revenues in accordance with the Compact and the Congressional
     consents thereto as it may deem convenient or necessary for the
     use of the new toll bridge and of other bridges, projects and
     other undertakings authorized by the Compact and to use and
     pledge the same as provided in the Compact and the Congressional
     consents thereto. The new toll bridge may be constructed, in
     whole or in part, with funds to be raised by the Authority on
     bonds or other securities or obligations issued or incurred by
     it pursuant to the Compact.
        (8 amended Aug. 24, 1963, P.L.1206, No.507)
        Section 9.  Notwithstanding any provision of this act, the
     Authority shall have no power to pledge the credit of the
     Commonwealth of Pennsylvania, or the credit of the State of New
     Jersey, or the credit of any county, city, borough, village,
     township or other municipality of said Commonwealth or of said
     State, or to create any debt of said Commonwealth or of said
     State or of such municipality.
        Section 10.  Any powers vested in the Authority by this act
     shall be in addition to and not in diminution of the powers
     heretofore vested by law in the Authority.
        Section 11.  This act shall take effect immediately but the
     Delaware River Port Authority shall not proceed with
     construction of the new toll bridge until or unless the State of
     New Jersey shall have enacted a substantially similar act.
        Section 12.  The provisions of the agreement or Compact
     authorized by the Acts of the Commonwealth of Pennsylvania,
     approved the twelfth day of June, one thousand nine hundred
     thirty-one, (Pamphlet Laws 575), the eighteenth day of July, one
     thousand nine hundred fifty-one, (Pamphlet Laws 1010) and the
     tenth day of August, one thousand nine hundred fifty-one,
     (Pamphlet Laws 1206) and by the Acts of the State of New Jersey
     approved the thirtieth day of June, one thousand nine hundred
     thirty-one, Chapter 391, the twenty-sixth day of June, one
     thousand nine hundred fifty-one, Chapter 288, and the twenty-
     sixth day of June, one thousand nine hundred fifty-one, Chapter
     287 are maintained in full force and effect.
        Section 13.  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.