OCR Text |
Show DELAWARE RIVER BASIN COMPACT 149 channel of the Delaware river. The power of condemnation herein conferred shall be exercised in accordance with the laws of the state in which the property or the rights to be taken or condemned are located. Any such j^ojp§rty /aj^i rights, though devoted to the public use, may be taken and condemned in favor of any public use higher in the order of importance set forth in article III. "article xvi "All damage to persons or property resulting from the exercise of any rights under this compact shall be determined under the rule of damages, in accordance with the procedure, and in such manner as is provided by the law of the state in which the damages are suffered. The damages suffered in the state of Pennsylvania shall be ascertained, recovered and paid as provided by the forty-first section of the act approved April twenty-ninth, one thousand eight hundred and seventy-four (pamphlet laws seventh-three) and the amendments and supplements thereto or any substitute therefor in effect when the development is authorized. The damages suffered in the state of New York or in the state of New Jersey shall be ascertained, recovered and paid as provided by any general or other now existing act applying thereto or any substitute for the same in effect when the development is authorized. The court or courts which have jurisdiction of the subject matter in the respective states shall have jurisdiction of the person of every party in interest for the purpose of notice, summons and hearing throughout all three signatory states. "article xvn "Any property of a signatory state or of the holder of an authoriza- tion of such state, acquired in the exercise of any right or privilege under this compact, wliich is located in any other signatory state shall be subject to taxation as private property under the general laws of the state in which it is located. "article xvhi "Nothing in any existing treaty or compact between any two of the signatory states shall be modified or changed or invalidated by any- thing herein contained except in so far as the same is repugnant to nny provision of this compact. "article xix "The Tri-State Delaware River commission is hereby created as a body corporate to consist of not more than three members from each of the signatory states. Each state may, by appropriate legisla- tion, provide for the designation, appointment and tenure of its members. Until such time as a signatory state shall by legislation otherwise provide, the governor of such state is hereby directed to designate an appropriate officer or employee and may appoint not more than two other persons to represent said state as members of the Tri-State Delaware River commission. |