Page:United States Statutes at Large Volume 49 Part 1.djvu/1106

 74T H CONGRESS. SESS. I. CH. 833 . AU GUST 30, 1935 . 1061 such property has therefore been taken for or is then devoted to a public use, but the public use in the hands or under the control of the commission shall be deemed superior to the public use in the hands or under the control of any other person, association, or cor poration. If the commission is unable to agree with the owner or owners thereof upon terms for the acquisition of any such real property in the Commonwealth of Pennsylvania, for any reason whatsoever, the n the co mmission may acq uire suc h real p roperty by the e xercise of the right of eminent domain, in the manner provided by the Act, approved the 8th day of May 1919 (Pamphlet Laws, 148), entitled "An Act providing for the joint acquisition and maintenance by the Commonwealth of Pennsylvania and the State of New Jersey of certain toll bridges over the Delaware River ", and the Acts amenda- tory thereof and supplementary thereto, relating to the acquisition of interstate toll bridges over the Delaware River. If the Commission is unable to agree with the owner or owners thereof upon terms for the acquisition of any such real property, in the State of New Jersey, for any reason whatsoever, then the com- mission may acquire such property by the exercise of the right of eminent domain, in the manner provided by the act of the State of N ew Jerse y, entit led "An Act auth orizing the acqu isition and main - taining by the State of New Jersey, in conjunction with the State of Pen nsylvani a, of to ll bridg es acros s the De laware R iver ; and pr o- viding for free travel across the same", approved the 1st day of April 1912 (ch . 297), and the various acts amendatory thereof and supplementary thereto, relating to the acquisition of interstate toll bridges over the Delaware River. The power of the commission to acquire real property by condem- nation or the exercise of the power of eminent domain in the Com- monwealth of Pennsylvania and the State of New Jersey shall be a continuing power and no exercise thereof shall be deemed to exhaust it. The commission and its duly authorized agents and employees may enter upon any land, in the Commonwealth or the St ate of New Jersey, for the purpose of making such surveys, maps, or other exam- inations thereof, as it may deem necessary or convenient for its authorized purposes. Howev er, anyt hing to the cont rary con tained i n this c ompact n ot- withstanding, no property, now or hereafter vested in or held by any county, city, borough, village, township, or other municipality, shall be taken by the commission without the consent of such munici- pality, unless expressly authorized so to do by the Commonwealth or State in which such municipality is located. All counties, cities, boroughs, villages, townships and other municipalities, and all public agencies and com mis si ons of the Commonwealth of Pennsylvania and the State of New Jersey, notwithstanding any contrary provi- sio n of law, are he reby aut horized and empo wered to grant a nd con- vey to the commission upon its request, but not otherwise, upon rea- sonable terms and conditions, any real property which may be neces- sar y or con venient to the e ffectuat ion of i ts autho rized pu rposes, including real property already devoted to public use. The Commonwealth of Pennsylvania and the State of New Jersey Consent of partici. hereby consent to the use and occupation by the commission of any Pating states' real property of the said two States, or of either of them, which may be or become necessary or convenient to the effectuation of the auth- orized purposes of the commission, including lands lying under water and lands already devoted to public use.