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Show DELAWARE RIVER BASIN COMPACT 159 "2. Such power shall be exercised in accordance with the provisions of such special law, specifically applicable to the said Commission, as may be in force in the signatory State in which such property is located; provided, that, if there be no such special law in force in such State, condemnation proceedings shall be in accordance with the provisions of such applicable general condemnation law as may be in force in such State. "3. Any award or compensation for the taking of property pursuant to this Article shall be paid by the Commission, and none of the sig- natory States nor any agency, instrumentality, or political subdivision thereof shall be liable for such award or compensation. "ARTICLE VI----CONVEYANCE OF LANDS AND RELOCATION OF PUBLIC FACILITIES "1. The signatory States hereby consent to the acquisition, use, and occupation by the Commission, pursuant to the laws of the respective States, of any real property within the said States, or any of them, including lands lying under water and lands already devoted to public use, which may be or may become necessary or convenient for the construction, operation, and maintenance of dams, reservoirs, treat- ment plants, aqueducts, conduits, and other structures or facilities, approved in accordance with the provisions of this compact. "2. The signatory States hereby authorize their respective officers, agencies, departments, commissions or bodies having jurisdiction and control over real property owned by the signatory States to convey in accordance with the laws of the respective States, to the Commission, with or without consideration, any such real property as may be necessary or convenient to the effectuation of the authorized purposes of the Commission. "3. Each political subdivision of each of the signatory States is hereby authorized and empowered, notwithstanding any contrary pro- vision of law, to grant and convey to the Commission, upon the Com- mission's request, but not otherwise, upon reasonable terms and conditions, any real property owned by such political subdivision, including lands lying under water and lands already devoted to public use, which may be necessary or convenient to the effectuation of the authorized purposes of the Commission. "4. The term 'real property' as used in this compact shall include 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 property. "5. Any highway, sewer, public utility, or other public facility, which wiil be dislocated by reason of the constructions deemed neces- sary by the Commission to effectuate the authorized purposes of this compact, shall be relocated, providing that such relocation be required to serve the public interest, in the manner provided for by the laws of the respective signatory States, at the expense of the Commission. |
